College and high school students often find themselves in environments where behaviors like underage drinking and driving can occur. It’s crucial to understand that being charged as a minor for a DUI (driving under the influence) in Illinois can have long-term consequences. Legal repercussions are severe, demonstrating the state’s dedication to preventing underage drinking and driving.
Charges and Penalties for Underage Drinking and Driving
If you’re under 21, state law imposes strict penalties for the consumption of alcohol. The Zero Tolerance Law states that any underage driver caught with a blood alcohol content (BAC) level above .00% will lose their driving privileges. Here are some key things to be aware of:
- Investigating Officer’s Discretion: The investigating officer decides if a traffic stop leads to a Zero Tolerance charge, a DUI charge, or both. This decision rests on the officer’s discretion as well as the driver’s chemical test results or a test refusal.
- Zero Tolerance Penalties: For a first offense with a BAC over .00%, there is a three-month driving suspension. A second violation results in a suspension for one year. Refusing a BAC test can result in a six-month suspension for the first violation and a two-year suspension for the second.
- Possession or Consumption: Individuals under 21 who are found guilty of illegally buying, possessing, receiving, or consuming alcohol while inside a motor vehicle will face driver’s license suspension. The suspension will last six months for a first offense and twelve months for a second offense. A revocation will result for any further offenses.
- Under 21 DUI Charge: A minor can be charged with a DUI if the following apply:
- Their BAC is .08% or more
- Their BAC is over .05% with additional evidence of impairment
- They have illegal drugs in their system
- Other evidence of impaired driving is present
What Happens If You Get a DUI Under 21?
A first DUI conviction results in a minimum two-year revocation of driving privileges, plus penalties that apply to offenders 21 and older. A second conviction results in a minimum five-year revocation.
Restricted Driving for Underage Offenders
There are specific considerations for underage DUI offenders in regards to driving relief options. Driving relief may be available during a suspension, however, this does not apply to all DUI cases. For example:
- You cannot receive an RDP (Restricted Driving Permit) until the second year of your revocation period.
- If under the age of 18, you’re not eligible for an MDDP (Monitoring Device Driving Permit)
- If under age 18 and on a statutory summary suspension, you may have to take remedial education and/or retesting before earning back driving privileges
- If you are under the age of 21 and found guilty of DUI, a judge may mandate your participation in the Youthful Intoxicated Driver’s Visitation Program as a condition of probation or discharge
Other Penalties for Underage DUI
In addition to license suspension, the penalties for an underage DUI in Illinois can be quite severe:
- Fines and possible jail time, depending on the specifics of the DUI charge.
- Mandatory participation in educational programs and substance abuse evaluations.
- Long-term impact on educational and career prospects, as a DUI charge is a criminal charge. It can appear on your criminal record during background checks.
- Higher car insurance rates, even after you turn 21 years old.
Getting Your License Reinstated
Regaining your driving privileges after license suspension due to a DUI charge involves specific steps, including:
- Meeting State Requirements: You need to fulfill all the criteria set by the state. This often involves waiting for a specific period of time before applying for reinstatement. You may also have to complete educational programs related to DUI and substance abuse.
- Proof of Sobriety: Demonstrating that you have maintained sobriety is crucial. This might include participating in support groups or ongoing substance abuse treatment.
- Showing Responsible Behavior: You must demonstrate that you have learned from the incident and are committed to responsible driving.
- Legal and Administrative Procedures: Completing all necessary legal and administrative processes, such as hearings or submitting documentation to the Secretary of State.
- Paying Reinstatement Fees: You must pay a reinstatement fee to the Secretary of State’s office.
Let Our Team Help You Get Your License Back
Navigating legal processes after a Zero Tolerance or DUI charge can be difficult. For detailed guidance, contact us at Johnson & Goldrich, P.C. today. Our law firm can provide a free consultation for your license reinstatement case. Let us help you get your driving privileges back!