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Illinois’ Zero Tolerance Law and Underage DUI Charges

 Posted on April 18, 2017 in DUI

DuPage County underage DUI attorneys, zero tolerance lawIf you are under 21 years old and caught drinking and driving, you could face a couple of charges, depending on the facts of your situation. Illinois has a zero tolerance policy for underage drinking and driving as well as laws prohibiting driving under the influence.

Both types of convictions can lead to numerous consequences that can follow a young person as he or she applies to schools and jobs. This is why you should fight these charges. With the help of an attorney, you may be able to reach a deal with prosecutors that will keep a conviction off your criminal record.

Zero Tolerance for Drivers Under Age 21

Because it is illegal for anyone under 21 to be drinking in Illinois, anyone under the legal drinking age caught driving will face criminal charges. It does not matter if the driver’s BAC is under the legal limit of .08. So long as BAC levels are over .00, there will be consequences under the law.

Penalties for violating the zero tolerance law include suspension of driving privileges. The length of the suspension is dictated by prior offenses and whether the driver refused to take a BAC breathalyzer test.

  • First offense: Suspension of driving privileges for three months if the driver submitted to the BAC test. Driving privileges will be suspended for six months if the BAC test is refused.
  • Second offense: Suspension of driving privileges for one year if the driver submitted to the BAC test. Driving privileges will be suspended for two years if the BAC test is refused. 

If your driver’s license was suspended before age 21, you will be required to complete a driver remedial education course before you regain your driving privileges. You may also be required to take a driver’s license exam.

DUIs for Drivers Under Age 21

You could also be charged with a DUI if:

  • You had a BAC of .08 or more;
  • You had a BAC of more than .05 with additional evidence proving impairment;
  • You had illegal drugs in your system; or
  • There were other indications of impaired driving. 

If you are convicted of a DUI under age 21, you could lose your license for a minimum of two years. After your second DUI conviction, you could lose your license for a minimum of five years. 

Contact a Wheaton, IL Underage DUI Lawyer

If you are facing DUI charges and are under 21, seeking counsel is an important step to minimizing the consequences of the charges you face. The DuPage County, IL underage DUI attorneys at Davi Law Group, LLC can examine your case and review what possible options you may have in resolving your charges. Call Davi Law Group, LLC at 630-580-6373 to set up an appointment at one of our offices that serve DuPage, Kane, Cook, Kendall, and Will counties.


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