Understanding Underage DUI Laws
Chapter 625, Part 5 (625 ILCS 5/11-501.8) of the Illinois Compiled Statutes outlines the zero tolerance policy regarding juvenile DUI. Zero tolerance laws are strict guidelines that, without exception, include harsh penalties for all offenders. The goal of the policy is to address the real risks associated with underage drinking. The laws make it a criminal offense for any driver under the legal drinking age to have any alcohol in their system.
Zero tolerance is a state law that came into force on January 1, 1995. As the name implies, any trace of alcohol in a minor's system can result in a suspended driver's license, with two exceptions: minors who drink alcohol as part of a religious service or those who take a prescribed or recommended dosage of an alcohol-containing medication.
Statistics on Underage DUI in Illinois
The National Highway Traffic Safety Administration reports that alcohol use plays a significant role in many of the underage deadly car accidents in Illinois. According to the NHTSA, the alcohol involvement rate for teenage drivers is almost twice that of those over the age of 21. The Centers for Disease Control and Prevention report that one in five adolescent drivers involved in fatal crashes had alcohol in their system and that 17% of drivers between the ages of 16 and 20 involved in vehicle accidents had blood alcohol content above the legal limit of 0.08%.
The 2022 DUI Fact Book published by the Illinois Secretary of State notes that alcohol impairs judgment and coordination after just one drink. A driver with a BAC of 0.06 percent has a twofold increased probability of being involved in an accident as opposed to one who does not have any alcohol in their system. A driver is 11 times more likely to die in a single-vehicle incident with a BAC of 0.08 percent than a non-drinking driver.
In 2023 recent year available records, according to the Illinois Secretary of State, there recorded:
- The Secretary of State's office had 21,975 DUI arrests on file.
- 91% of drivers who were found guilty of DUI had their driving licenses revoked.
- 86% of drivers accused of alcohol tolerance driving for the first time.
- 294 persons, amounting to 23% of the 1,268 crash deaths, died in alcohol-related crashes.
- Offenses resulted in the loss of driving privileges for 240 drivers under the age of 21.
- Women made up 25% of those arrested for DUI or 50% of licensed drivers.
The highest rate of DUI arrests (about 6 per 1,000 licensed drivers) was seen among males aged 25 to 34.
Legal Consequences in Illinois
A suspected drunk driver will face administrative penalties, most often a suspended license. Should the driver be found guilty of DUI, many criminal penalties would be imposed. Law enforcement will request that you submit to sobriety and chemical tests if they suspect you of underage DUI. A chemical test known as a breathalyser test is used to find the BAC level. Law enforcement may also request urine and blood testing to verify the results of a breathalyser test. Refusing to take the tests has immediate consequences. You could be arrested, have your driving privileges suspended, or pay a fine.
- According to the zero tolerance law, legal consequences for driving under the influence include a minimum 2-year suspension from driving, a fine of up to $2500, and a one-year jail sentence for the first offense.
- A second juvenile DUI conviction carries a minimum 3-year driving ban, a mandatory 48-hour jail term or 10 days of community service, and a potential one-year jail sentence.
- Third convictions for underage DUI constitute a class 4 felony. A maximum sentence of three years in prison and a fine of up to $25,000, anyone found guilty could also lose driving license for up to six years.
If a driver's license was suspended before age 21, the driver must take and pass a driver remedial education course before they can resume driving. In order to receive a new driver's license, the driver might have to pass a comprehensive licensing exam. The investigating officer can prosecute the underage DUI offender depending on the findings of the test or if the subject refuses to take one.
Impact of Zero Tolerance Law
Zero tolerance regulations majorly impact young drivers by imposing severe penalties for driving under the influence. Illinois has regulations for juvenile drivers, just like other states, in an effort to protect young drivers and those who share the road with them. The state's stringent laws are designed to discourage underage drinking and driving. While critics claim these rules may violate teenagers' rights by limiting their capacity to contest charges and enforcing punitive punishments for even small amounts of alcohol use, the laws are intended to increase road safety.
Let's say you receive a statutory summary suspension for your license after being found guilty of DUI. The time will be applied to the minimum required time to revoke your driving privileges. In the courts, the criminal offense of DUI is prosecuted and decided. This requirement applies to tickets issued for violations of the Illinois Vehicle Code, except for equipment offenses under Chapter 12. If you refuse to participate in chemical tests, you will lose your driving rights for at least a year.
Why Kuchinski Law Group
Protecting the rights of underage drivers who are facing zero tolerance law offenses requires contacting competent attorneys like those at Kuchinski Law Group. Our lead lawyer, Sergei Kuchinski, has an extensive understanding of zero tolerance defense and Illinois traffic legislation. He can navigate the complex legal system, possibly detecting procedural inaccuracies or constitutional concerns that may influence the case. Sergei Kuchinski will examine every piece of evidence, question the reliability of testing, and consider every defense. These approaches can reduce charges, result in fewer legal consequences, or even result in case dismissal.
Having legal counsel helps guarantee that the rights of underage drivers are upheld at every stage of the procedure, from initial contact with law enforcement to court proceedings. Kuchinski Law Group attorneys can offer expert assistance to negotiate these difficult situations and strive for the best possible outcome for underage DUI drivers.
