Underage DUI Penalties in Illinois

Web Admin - Tuesday, September 02, 2014

underage drunk driving DUI, Illinois DUI lawyerThe State of Illinois takes all instances of DUIs seriously, but it punishes people under the legal drinking age even more severely. This is because, according to statistics compiled by the National Highway Traffic Safety Administration, 25 percent of fatal car crashes involving teens include at least one underage drunk driver

In order to deal with this issue, the state imposes the standard DUI penalties on underage drivers, and it also tacks on extra zero tolerance penalties. These zero tolerance penalties involve suspensions of driving privileges in circumstances beyond those that would ordinarily qualify as a DUI, and may even involve penalties accruing to the parents of the driver as well.

Standard DUI Penalties

Underage drivers under the influence of alcohol are still subject to standard DUI penalties, but these penalties differ from the DUI penalties for people over the age of 21 in two important respects. First, these penalties are harsher than ordinary DUI penalties. The penalties include a possible $2,500 fine and a license revocation of at least two years, along with up to a year in prison. A second offense comes with the same penalties except that the minimum license revocation increases to five years. Second, these penalties are easier for underage drinkers to trigger. Ordinarily, a DUI charge requires a person to have a blood alcohol content (BAC) of greater than .08. This is still true for underage drinkers, unless there is other evidence proving they were impaired. If such evidence exists, the required BAC drops to .05.

Zero Tolerance Penalties

In addition to the above penalties for an actual DUI charge, underage drinkers can face a host of driving-related penalties. For instance, even if an underage driver registers below a .05, they may still face penalties under zero tolerance laws. Zero tolerance penalties apply to underage drivers who register more than a .00 BAC without triggering full DUI penalties. These zero tolerance penalties include a three-month suspension of driving privileges for a first offense, and a one year suspension for a second offense. Additionally, the law doubles these penalties if the young driver refuses to consent to the necessary testing.

The law also imposes extra penalties on the parents of underage drunk drivers in certain circumstances. If death or great bodily harm results from the parents knowingly allowing underage drinking in their home, then prosecutors may charge the parents with a class 4 felony, which comes with a prison sentence ranging from one to three years and a fine of up to $25,000. Additionally, the parents may be liable for any damage that occurs because of underage drinkers leaving the premises.

If you or your child has recently been charged with a DUI or similar crime, seek help from an Illinois DUI attorney. Our skilled team of lawyers serves clients across the northwest Chicago suburbs, including in Rolling Meadows, Schaumburg, and Deer Park.

About the Author: Founding partner of Drost, Gilbert, Andrew & Apicella, LLC, Colin Gilbert, received his J.D. from Chicago-Kent College of law in 2005. Colin argues cases across many practice areas including criminal defense, collections, civil litigation, real estate law, and corporate law. Colin is an active member of the Board of Governors of the Northwest Suburban Bar Association and the Illinois Creditors Bar Association. He is currently Vice President of the Arlington Heights Chamber of Commerce, and is a Commissioner for the Village of Arlington Heights. Colin has a 10.0 Attorney rating on Avvo, and was named one of the 2014 “Top 40 Under 40” Trial Lawyers in Illinois by the National Trial Lawyers Association.

Recent Posts


wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace Crystal Lake traffic attorney ObamaCare ken apicella drug crimes denial of life insurance PTSD Illinois mortgages traffic laws gift taxes Rolling Meadows drug defense attorney whistleblower protections Illinois LLC creation Illinois home inspection employment law, Illinois employment laws estate tax Illinois medical malpractice lawyers drunk driving statistics Buffalo Grove medical malpractice lawyers medical research Fair Labor Standards Act Rolling Meadows Traffic Lawyer real estate zoning Palatine employment law lawyer IRA benefits Illinois small business owner responsibility caregiver Schaumburg criminal attorney car crash injuries employment lawyer cell phone Illinois DUI attorney insurance dispute Illinois workplace lawyer Rolling Meadows criminal lawyer School Visitation Rights Act Deer Park personal injury lawyer homestead rights drug crimes lawyer institutional trustee spinal cord injuries first degree murder Illinois lawyer Rolling Meadows corporate lawyer construction accidents severance agreements motorcycle accident involuntary manslaughter construction contracts DMV Illinois insurance lawyer rest breaks Palatine punch death Rolling Meadows medical malpractice lawyers probate process Arlington Heights wills and trusts lawyer Des Plaines drug crimes lawyer Inverness personal injury attorney Rolling Meadows employment attorney Forcible Entry employee misclassification Chicago car accident lawyer insurance claim dispute attorney anesthesia errors distracted driving accidents irrevocable trust consent to a search personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys license reinstatement Illinois construction accident attorney Illinois law Palatine employment lawyer rent to own real estate contracts employment attorney employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys preventing accidents Illinois traffic ticket lawyer Arlington Heights medical malpractice lawyer LLCs pet law wage theft Home Remodeling Repair Act Legal Info Schaumburg employment law attorneys Illinois will lawyer Illinois living will insurance claim Illinois personal injury lawyers condo association Des Plaines civil attorney Detainer Actions Affordable Care Act insurance agents digital media accounts, estate planning, Arlington Heights estate planning attorney, Barrington drug crime attorney liability Joliet general practice lawyers guardianship attorney South Barrington real estate lawyer Palatine estate planning lawyer trustee Schaumburg construction accident lawyer senior citizens civil litigation Illinois wills and trusts Crystal Lake traffic lawyer field sobriety test Illinois personal injury lawyer mass shooting murder charges real estate closing Crystal Lake insurance lawyer Palatine construction attorney Rolling Meadows personal injury lawyers DUI defense Deer Park traffic accident attorney insurance attorney foreclosed rental property Inverness estate planning lawyer Inverness injury lawyer Rolling Meadows probate lawyer ACA dynasty trusts Arlington Heights employment attorney trust payments pedestrian accidents Schaumburg car accident attorney trucking accidents gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys Illinois Probate Act of 1975 traffic violations defense attorney fees spinal cord injury Arlington Heights TBI attorney changes to mortgage law Illinois trusts attorney traumatic brain injuries Des Plaines personal injury lawyers Buffalo Grove real estate attorney real estate attorney Barrington boating accident attorney defective products lawyer Deer Park workers compensation lawyer medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers truck collisions Rolling Meadows traffic attorney medical marijuana wills Illinois registered agent taxes natural gas texting while driving Inverness accident lawyer underfunded trust workplace sexual harassment Chicago lawyer Buffalo Grove insurance claim dispute lawyers Illinois personal injury attorney Rolling Meadows Attorney life insurance policy Illinois motorcycle accident lawyer products liability privacy Chicago insurance claim attorneys Arlington Heights accident attorney Arlington Heights trucking lawyer Palatine insurance lawyer underage DUI Transfer on Death Instrument compensatory time landlord tenant law personal injury law firm Schaumburg Illinois jet ski accident lawyer head on collisions Illinois employment law estate planning Illinois workplace discrimination attorney Des Plaines pet law attorney estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, installment contracts Barrington injury attorney unfunded trust Long Grove estate planning attorney hiring employees Kenilworth estate planning attorneys drugs estate attorney Schaumburg traffic lawyer Rolling Meadows marijuana attorney employees Illinois estate planning car accident lawyers Palatine civil litigation lawyer digital information independent contractor rumble strips car collision product liability Deer Park criminal attorney Thanksgiving sexual harassment Illinois tax attorney Rolling Meadows boating crash lawyer Chicago corporate attorney job lawyers paid sick leave blood alcohol content Des Plaines collections attorney Illinois workers compensation lawyer civil litigation attorney jet ski accidents Landlord Tenant Ordinance Illinois insurance claim dispute lawyers Barrington Illinois estate planning lawyer back injuries pain and suffering Barrington civil litigation attorney Illinois medical malpractice case controlled substance insurance claim delay Crystal Lake will lawyer hit and run accident Kenilworth estate planning attorney Des Plaines motorcycle accident attorney Schaumburg estate planning lawyer elder law nursing home negligence cell phone tower data insurance agent negligence boating accidents Rolling Meadows business lawyer Schaumburg real estate lawyer medical malpractice claims Exclusions capital gains tax employment law trusts Illinois corporate lawyer Illinois Transfer on Death Instrument startup company Illinois employment lawyer Schaumburg injury lawyer subcontractor Deer Park motorcycle accident lawyer Palatine traffic lawyer Arlington Heights car accident lawyer Des Plaines personal injury lawyer Inverness DUI lawyer Buffalo Grove car accident lawyer Palatine real estate lawyer Rolling Meadows car accident lawyers investment property real estate attorneys Chicago attorney overtime violations Inverness probate lawyer living wills Barrington criminal lawyer Deer Park DUI lawyer internet Rolling Meadows accident lawyer trench injuries estate planning trusts Illinois real estate lawyer Retaliatory Discharge Schaumburg drug defense lawyer boating DUI Illinois attorney Illinois Sales Representative Act Rolling Meadows criminal attorney Illinois job attorney Arlington Heights Attorney pregnant women insurance claims Liquor Control Act Crystal Lake pet attorney Arlington Heights employment law attorneys Illinois medical malpractice claim overtime pay Chicago will attorney condo Rolling Meadows personal injury lawyer Illinois medical malpractice attorney no contest clauses Arlington Heights tax lawyer Schaumburg elder law lawyer Arlington Heights injury attorney Food and Drug Administration's Food Safety Modernization Act Super Mario real estate contract pedestrian-automobile accident Arlington Heights car crash attorneys Illinois insurance attorney Illinois boating accident lawyer deadly crashes rollover accidents texting and driving Rolling Meadows insurance attorney Illinois Smoke Detector Act Long Grove real estate lawyer privacy laws Arlington Heights traffic attorney small business Barrington employment attorney Illinois employment law firm Crystal Lake medical malpractice lawyer Palatine traffic accidents Arlington Heights estate planning attorney Schaumburg estate attorney healthcare claims Schaumburg Attorney Crystal Lake car accident lawyer underinsured motorist Arlington Heights criminal lawyer llinois Real Estate Lawyers Association Long Grove estate planning pizza emoji Crystal Lake injury attorney dram shop law Crystal Lake personal injury attorney slip and fall Deer Park employment law attorney drunk driving unpaid assessment Crystal Lake pedestrian accident lawyer BAIID tax attorney healthcare fiduciary rule delay Illinois pet lawyer Family Medical Leave Act liens traumatic brain injury Palatine injury attorney uninsured motorist Illinois insurance claims lawyers Des Plaines insurance attorney personal injury lawyer Rolling Meadows traffic law firm special needs trust comparative negligence Chicago employment lawyer Des Plaines accident attorney Crystal Lake medical malpractice attorneys Self-Directed IRA Accounts murder defense personal injury accidents FMLA Barrington attorney insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys Schaumburg personal injury attorney Inverness corporate attorney Deer Park medical malpractice attorney Schaumburg corporate attorney unauthorized overtime federal regulations for LLCs Illinois defective products attorney minimum wage Rolling Meadows insurance dispute lawyers probate Chicago estate planning lawyer TBI Des Plaines Traffic Lawyer power of attorney for healthcare manufacturing commercial leases Illinois civil litigation lawyer Illinois driving without license Illinois Human Rights Act insurance adjusters employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys Des Plaines drug lawyer holiday statistics jet ski Arlington Heights lawyer living trust Barrington personal injury lawyer food poisoning Crystal Lake civil litigation lawyer creditors college kids Barrington real estate lawyer construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation Barrington medical malpractice lawyers insurance disputes bike accident natural gas explosion IRA trust transfer Arlington Heights insurance attorney deed transfer insurance denials Palatine corporate law attorneys insurance dispute attorney operating agreements personal injury low-ball insurance settlement probate claims marijuana new real estate form Palatine employment attorney mortgage bicycle dooring accidents Chicago biking tips Schaumburg employment attorney advance healthcare directive suspended license Barrington workers compensation attorney Colin Gilbert estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers workers compensation trauma after an accident Chicago traffic lawyer Illinois car accident attorney Schaumburg criminal law attorney Palatine workers compensation lawyer Buffalo Grove traffic lawyers employment contract Policy Cancellation Crystal Lake law firm Do Not Resuscitate insurance claim dispute appealing an insurance claim contracts insurance denial appeals Barrington business law firm Rolling Meadows employment law attorney Illinois collections attorney Barrington employment law firm Des Plaines medical malpractice attorney Rolling Meadows real estate attorney estate plan Palatine drug lawyer employee discrimination Barrington estate planning attorney Fourth of July life insurance claims dealing with problem employees Illinois red light cameras real estate lawyer clemency unpaid overtime residential real estate Crystal Lake medical malpractice law firm sole proprietorship Illinois rollover accident lawyers golf accidents Illinois injury lawyer denied insurance claims Chicago employment attorney Des Plaines real estate attorney Arlington Heights personal injury lawyer Mount Prospect real estate lawyer Deer Park traffic lawyer work unions Crystal Lake accident attorney Palatine elder law attorney car accidents Buffalo Grove law firm fault based insurance Illinois Wage Payment and Collection Act boating under the influence traffic tickets Arlington Heights wills and trusts attorneys Illinois business law atorneys business litigation Illinois insurance dispute lawyers Jay Andrew Des Plaines injury law firm Buffalo Grove probate lawyer Illinois insurance claim dispute lawyer Schaumburg personal injury lawyers income distribution deducation Class A misdemeanor Barrington employment law attorney Illinois employee rights attorney. fatal car accidents child safety Illinois traffic attorneys breach of contract reckless homicide Rolling Meadows personal injury attorney insurance claim denials Palatine civil attorney pay when paid contract DUI attorney traffic offenses Palatine corporate attorney agent car accident Long Grove real estate attorney blended families Illinois personal injury DGAA BUI Schaumburg personal injury lawyer IRS Illinois insurance disputes estate planning attorney Inverness traffic law firm Chicago insurance law firm personal injury claim personal injury attorney probate claims process surgical mistakes swimming pools living trust benefits Barrington criminal defense lawyer real estate Crystal lake insurance dispute attorney Kenilworth estate planning lawyer Crystal Lake employment attorney commercial real estate DNR expungement Schaumburg estate planning attorney Des Plaines personal injury attorney Chicago will attorney, social media platforms, Illinois estate planning lawyer, DUI penalities Illinois workers compensation attorney criminal Arlington Heights pedestrian accidents Crystal Lake criminal defense attorney Buffalo Grove employment lawyer Illinois estate planning law firm Rolling Meadows right to work Crystal Lake personal injury lawyer revenge porn motorcycle accident lawyer license suspension Schaumburg probate attorney trucking accident lawyers Illinois trucking safety Inverness elder law lawyer Riverwoods estate planning lawyer BAC Whistleblower Claims bicycle accidents in terrorem provision Barrington personal injury attorney comp time Crystal Lake bike accident lawyer Illinois probate lawyer Schaumburg insurance lawyers wrongful termination Rolling Meadows DUI lawyer Barrington estate planning lawyer Illinois employment laws Rolling Meadows litigation lawyer Buffalo Grove traffic attorney Des Plaines claims law firm car crash civil rights violation wrongful death Schaumburg civil litigation attorney workers comp federal crimes Palatine law firm Inverness real estate lawyer Inverness civil lawyer workers compensation benefits Arlington Heights wills and trusts lawyers Des Plaines DUI attorney insurance negligence traffic violations South Barrington real estate attorney Deer Park real estate law firm distracted driving accident victims social media after death Palatine probate lawyer traffic deaths liability claims Rolling Meadows insurance dispute lawyers, insurance dispute driving FSLA estate planning lawyer crossover accidents modern family estate planning home inspection lawyer slip and fall accidents Illinois elder law attorney preventable medical errors marijuana crimes attorney real estate leasing power of attorney Palatine criminal defense lawyer Illinois insurance claim attorney accidental death benefits problem employees Mount Prospect wills and trusts lawyers living trust vs will Illinois traffic attorney Illinois Workers’ Compensation Commission personal injury claims Illinois traffic accident lawyer Palatine business attorney Buffalo Grove personal injury attorney Rolling Meadows tax attorney murder license revocation Arlington Heights real estate lawyer digital assets Illinois Federal Food Drug and Cosmetic Act Illinois estate planning attorney criminal law filing a medical malpractice claim Long Grove estate planning attorneys Crystal Lake car accident attorney digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers Buffalo Grove corporate attorney rollover car crashes Arlington Heights personal injury attorney caretaker rights Rolling Meadows employment law attorneys Illinois employment law attorneys Employment Discrimination Law breathalyzer test Inverness real estate attorney Des Plaines real estate lawyer Buffalo Grove injury lawyer pedestrian injuries, pedestrian fatality Inverness insurance attorney landlord Schaumburg wrongful death attorney Illinois criminal defense attorney defective products Barrington Traffic Lawyer premises liability Colin H. Gilbert denied insurance claim IRELA GM ignition switches Chicago estate planning eluding a police officer life insurance insurance claim denial Long Grove wills and trusts attorneys drug crime estate planning for college students Palatine personal injury lawyer sexual images icy parking lots Schaumburg medical malpractice lawyer foreclosure vacation home fines Home Sale Contingencies bad faith insurance claims license financial advisors Arlington Heights Traffic Lawyer loss of consortium disability benefits Crystal Lake employment lawyer speeding CAM Illinois pedestrian accident attorney Arlington Heights wills and trusts attorney dog bites employee rights criminal record Des Plaines criminal attorney Des Plaines Palatine Attorney probate lawyer POA Illinois employment attorneys Illinois speeding lawyer Illinois wrongful termination lawyer life insurance lawyer Mt Prospect Attorney Illinois bicycle safety health insurance dispute cell phone accidents Buffalo Grove criminal defense lawyer medical malpractice compensation Crystal Lake employment law attorney forming a corporation in Illinois Barrington litigation attorney medication errors traffic accidents Illinois real estate car accident lawyer criminal defense pet bites meal breaks Illinois traffic laws elder abuse vacation home traffic crimes pedestrian accident hands free device car crashes wills and trusts Mount Prospect elder law attorney Illinois wills and trusts attorneys brain injury drug possession probate fees automated cars Crystal Lake business law attorneys Rolling Meadows insurance lawyer Crystal Lake tax lawyer DUI Buffalo Grove personal injury lawyer Des Plaines tax law firm Chicago trucking accident attorney Deer Park accident attorney Rolling Meadows estate planning attorney commercial leasing auto accidents medical malpractice Illinois employment law attorney loopholes Crystal Lake estate planning lawyer fiduciary rule Palatine trusts lawyer digital evidence corporate law Attorney Ken Apicella Illinois business lawyer