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


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