Illinois’ Zero Tolerance Policy On Underage Drinking And Driving

As an Illinois DUI attorney, I encounter many questions and inquiries from the general community about underage drinking and driving. It’s time that somebody explained what the State of Illinois’ Zero Tolerance Policy regarding the consumption of alcohol by underage drivers really means to young drivers and their families.

What Is The Zero Tolerance Law?

The Zero Tolerance Law works to avert underage drinking and driving in Illinois. Basically, according to the law, if you are below the age of 21, then you should not drive with any amount of alcohol in your system. Unlike the standard law for drivers above 21 where the blood alcohol concentration is set at 0.08%, the standard says an underage driver will be penalized if his BAC is above 0.00%.

The law is defined in Illinois Vehicle Code, 625 ILCS 5/11-501. According to the law, a person below the age of 21 years shall not operate a motor vehicle with any amount of alcohol consumption in his/her blood, and punishment for such offense can get pretty severe.

Legal Consequences Of Zero Tolerance Law

When there is suspicion of alcohol consumption on the part of the underage driver, a chemical test, including a breathalyzer, may be necessitated. Non-submission to such tests attracts the penalty of suspension of the driver’s license for no less than one year. In case the test results show traces of alcohol, the consequences would be suspension of a license for three months in case of a first offense and one year for subsequent offenses.

Furthermore, if it is determined that a minor driver has a BAC of 0.08% or higher, they can also be prosecuted under the regular DUI statutes, which have even more serious consequences, including longer periods of license suspension, possible time spent in jail, and heavy fines. The presence of drugs, or a particularly high BAC can elevate the offense to an Aggravated DUI as defined in 625 ILCS 5/11-501.2.

Preserving Your Rights And Your Future

As a young driver, you are facing a very critical future, and keeping a clean driving record is paramount. A blemish on the driving record may make a difference in your insurance rates, educational opportunities, or even future job prospects. Understanding and adhering to the Zero Tolerance Policy in Illinois is not about mere compliance but protection from the far-reaching consequences that underage DUI may have on your future.

Illinois Underage DUI Frequently Asked Questions

What should an underage driver do if he/she gets pulled over by the police? If you are an underage driver and the police pull you over, be courteous and compliant. You have a right to call a lawyer prior to submitting to chemical testing. At the same time, although it may seem like a good immediate solution, remember that refusal does come with automatic consequences.

How Can Parents Support The Zero Tolerance Policy? 

Parents can provide the key through education on the dangers of drinking and driving and the legal implications. The parents can ensure clear rules and repercussions if broken, monitor activities, thereby preventing illegal underage drinking and driving.

Can Underage DUI Charges Be Expunged? 

Maybe. In Illinois, successful completion of a court supervision program may enable one to get underage DUI charges expunged. That is not necessarily the case and is completely discretionary based on a number of case-specific factors, including compliance with all court requirements.

What Are The Financial Repercussions Of Underage DUI? 

Other than legal fines, plus potential towing fees, there is a possibility that underage DUI could increase insurance rates. These can haunt one’s economic stability for several years to come.

Is There An Underage Driver Education Regarding DUI Laws? 

Yes, most schools and community centers have education that speaks to DUI laws, the effect of alcohol on the body, and responsible driving behaviors. Participation in such programs could serve as an educational opportunity for young drivers.

Call Our Mount Prospect DUI Lawyer For Your Free Consultation

An underage DUI charge can be overwhelming; you do not have to go through it alone. At Villadonga & Villadonga Attorneys at Law, we are familiar with the intricacies of the DUI laws in Illinois and will aggressively work to protect your rights and your future. If you or your child has been charged under the Zero Tolerance Policy, we encourage you to contact our Mount Prospect DUI lawyer at (847) 298-5740 to receive your free consultation. Your professional Mount Prospect and Chicago staff are prepared to guide you through this trying time with years of experience and legal expertise.