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


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