What Happens in DUI Cases for Drivers Under 21?

 Posted on November 12, 2024 in DUI

In many cases, you would expect the law to be more lenient with younger people and teenagers, and that is often true. However, a charge of driving under the influence when the driver is younger than 21 in Illinois can come with surprisingly harsh penalties, precisely because authorities want to discourage unsafe driving practices. A skilled Arlington Heights, IL DUI defense attorney will advocate on your behalf in front of a judge and prosecutor, negotiating to have your conviction reduced or dropped.

The Zero Tolerance Law in Illinois

In DUI cases, most drivers have to blow at or above .08% BAC (blood alcohol content) into a breathalyzer to be charged, but not when the driver is under 21. If you are below the legal drinking age and a breathalyzer test finds any traces of alcohol in your system, you face immediate penalties in accordance with the state’s Zero Tolerance law.

For a first Zero Tolerance offense, your license will be suspended for three months. On a second offense, the penalty quadruples to a year of no driving privileges. This can be particularly devastating if you live in an area without easy access to public transit, limiting your ability to get to school or work.

Moreover, simply refusing the breathalyzer can land you in more trouble. Under 21, a first refusal to take a test will result in a six-month suspension, and a second refusal will result in a two-year suspension. You will also have to pay a fine to the Secretary of State to have your license reinstated.

Driving Under the Influence Under 21

A DUI conviction comes with additional consequences for drivers who are under 21 years old in Illinois. As previously mentioned, you are officially considered under the influence when your BAC is at .08%; however, in accordance with the state’s Zero Tolerance law, an officer of the law can charge you with DUI at .05% BAC provided there is "additional evidence proving impairment," such as erratic driving.

If you are over 18 but under 21, you are too young to drink but are legally an adult, meaning you will face the full force of the law when you are caught drinking and driving. A first conviction of driving under the influence is a Class A misdemeanor, which carries the potential for a year in jail and $2,500 in fines, and a license suspension for two years. Unless someone was seriously injured or killed, you are unlikely to go to prison for a first DUI offense. That being said, you will still be left with a permanent criminal record that can seriously impact your future.

An experienced DUI defense attorney will fiercely contest the charges against you, arguing that the evidence may have been insufficient to merit a DUI charge, or arguing for a lesser sentence based on your prior history.

First-time offenders may also want to consider court supervision as a way to get the DUI charges dropped. This allows drivers without prior DUI convictions to avoid more serious consequences as long as they do not violate any more traffic laws for a set period of time.

Speak with an Arlington Heights, IL DUI Defense Attorney Today

If you are younger than the legal drinking age and get charged with a DUI, there can be serious implications for your future. If you are convicted, you may face prejudice from employers and schools. The skilled Rolling Meadows, IL DUI defense lawyer at Scott F. Anderson, Attorney at Law is ready to defend you. With over 25 years of experience in criminal law, Attorney Scott Anderson has a history of successful results, and he will fight hard to secure a favorable outcome for you. To schedule a free consultation, call his office today at 847-253-3400.