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


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