1749 South Naperville Road, Suite 105 
Wheaton, IL 60189 
Map & Directions

Call To Schedule An Appointment
(630) 260-9647

The Legal Consequences of Underage DrinkingUnderage drinking is a common activity among teens in social situations. Even those who do not enjoy drinking may feel pressured to fit in with their peers. Parents understand the dangers of underage drinking but may think of it more as a matter of parental discipline than legal punishment. Possession or consumption of alcohol by someone younger than 21 is a crime in Illinois with serious consequences. The penalties become harsher if the drinking is combined with other offenses, such as driving or using a fake ID.

Possession and Consumption

Underage possession or consumption of alcohol is a Class A misdemeanor in Illinois, punishable by a maximum fine of $2,500 and as long as a year in jail. Jail time is highly unlikely for this offense. The biggest consequence for the teen may be the loss of their driving privileges:

  • Their license will be suspended for three months if they receive court supervision.
  • Their license will be suspended six months for a first offense.
  • Their license will be suspended for a year for a second offense.

Possessing alcohol does not mean that the underage person must be caught holding the alcohol. Having the alcohol nearby and within easy access to them also counts as possession. The exception for underage consumption is if the teen is at home and under the supervision of a parent.

Driving Offenses

There are two types of driving offenses for underage drinkers:

  • A zero-tolerance violation means the underage person has any amount of alcohol in their system.
  • Driving under the influence means the underage person is legally intoxicated, usually defined as having a blood alcohol concentration (BAC) that is greater than 0.08 percent.

The main penalty for a zero-tolerance violation is a driver’s license suspension, but the length of the suspension depends on whether the driver cooperated with BAC testing. A first offense results in a three-month suspension but is doubled to six months if the driver refused the test. A first-time underage DUI conviction will result in a minimum two-year driver’s license suspension and a fine of as much as $2,500.

Fake IDs

It is a criminal offense to manufacture or possess false identification, which underage drinkers will often use to purchase alcohol. Most violations are a Class A misdemeanor but could be a Class 4 felony if the offender created a fraudulent ID instead of using someone else’s ID or altering their own ID. A Class 4 felony conviction can result in one-to-three years in prison and a fine of as much as $25,000.

Contact a DuPage County Criminal Defense Lawyer

If your child has been charged with an alcohol-related offense, you need the legal assistance of a Wheaton, Illinois, criminal defense attorney with Stephen A. Brundage, Attorney at Law. We will work to either get the charge dismissed or minimize the punishment. Schedule a consultation by calling 630-260-9647.

Source:

https://www2.illinois.gov/ilcc/Education/Pages/Under21Laws.aspx

Posted in Driver's License Suspension and Revocation, DUI, DuPage County criminal defense attorney, Fake ID, Illinois criminal defense lawyer, Underage Drinking | Tagged , , ,

What Makes a DUI an Aggravated Offense in Illinois?Any conviction for driving under the influence of alcohol or drugs will come with serious consequences, but the punishment can be even more severe if you are convicted for an aggravated DUI. Unlike a standard DUI, an aggravated DUI is certain to be at least a Class 4 felony and may come with mandatory prison time, larger fines, and longer driver’s license suspension periods. What constitutes an aggravated DUI in Illinois? There are several ways that your DUI charge can become aggravated:

  1. Third DUI Conviction: If you have been convicted for DUI twice before, a third or fourth conviction will be a Class 2 felony. There is a minimum 90-day jail sentence if you also had a blood alcohol concentration of 0.16 percent or greater and a minimum $25,000 fine if you also had a passenger who was younger than 16. A fifth DUI conviction is a Class 1 felony, and a sixth DUI conviction is a Class X felony, which is the highest class of felony.
  2. Injury or Death to Another Party: A DUI incident that results in injury can be a Class 4 felony but only if the injury caused great bodily harm in most cases. The charge is a Class 4 felony if you cause any harm to a passenger who is younger than 16 or to another person while in a school zone. A DUI incident resulting in the death of someone else is a Class 2 felony, with the minimum prison sentence being three years if one person died and six years if two or more people died. You may be able to get the charge reduced to a reckless homicide involving alcohol if prosecutors cannot prove that you were legally intoxicated, but that charge is still a Class 3 felony.
  3. Second DUI Conviction: Even if a conviction would not be a third DUI, a second DUI conviction can be aggravated depending on other circumstances from the DUI incident. A DUI conviction is a Class 3 felony if you were previously convicted of reckless homicide involving alcohol or a DUI resulting in great injury or death. A second DUI conviction is a Class 2 felony if you were transporting a passenger younger than 16 during your second arrest.
  4. License and Insurance: A DUI conviction is a Class 4 felony if your driver’s license was suspended or revoked, you did not have a valid driver’s license, or you knowingly drove without auto insurance.

Contact a Wheaton, Illinois, Criminal Defense Lawyer

Preventing a DUI conviction can save you from years in prison, thousands of dollars in fines, and a criminal record that follows you for the rest of your life. A DuPage County criminal defense attorney at Stephen A. Brundage, Attorney at Law, understands the importance of your case and how to contest a DUI charge. To schedule a consultation, call 630-260-9647.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501

Posted in Criminal Law, DUI, DuPage County criminal defense attorney, Illinois criminal defense lawyer | Tagged , , ,

What Happens If You Violate an Order of Protection?One of the likely consequences of being accused of domestic violence is having an order of protection against you. Also known as a restraining order, it can prohibit you from:

  • Being within a certain distance of the petitioner
  • Attempting to contact the petitioner
  • Entering your shared home
  • Seeing your children without supervision

The court may grant your accuser an emergency order of protection before you have been charged with any crimes if the court is convinced that you may be an immediate threat. You will get the opportunity to defend yourself against the accusations before the court decides whether to grant a long-term order of protection. Regardless of your opinion of the order, it is important that you comply with its terms. Violating an order of protection will result in criminal charges and possible jail time.

How Does a Violation Occur?

The order of protection should give you a detailed explanation of what type of interaction is not allowed with the petitioner and their dependents. The petitioner can contact the police if they believe you have violated the terms of the order. Directing a third party to make contact with the petitioner on your behalf may also be a violation of the order. The responding officer may arrest you if they believe the allegation against you is credible.

What Are the Penalties?

Violating an order of protection is a Class A misdemeanor in Illinois, which can result in up to one year in jail and a fine of as much as $2,500. If you have previously been convicted of domestic battery or violating an order of protection, the charge becomes a Class 4 felony, which is punishable by one-to-three years in prison and a fine of as much as $25,000.

What Are the Defenses?

To be guilty of violating an order of protection, the prosecution must prove that you knowingly committed the violation. You could argue that:

  • You had not yet been notified of the order
  • Your contact with the petitioner was accidental
  • The terms of the order were unclear and open to different interpretations

In some situations, the petitioner falsely accuses the defendant of violating the order, which you can disprove by presenting the truth and showing that the accusation lacks supporting evidence.

Contact a DuPage County Criminal Defense Lawyer

If you dispute the domestic violence accusations against you and the terms of the order of protection, you need to voice your concerns to a lawyer and not your accuser. A Wheaton, Illinois, criminal defense attorney at Stephen A. Brundage, Attorney at Law, can get to work on contesting the order of protection and the criminal charges against you. Schedule a consultation by calling 630-260-9647.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K12-3.4

Posted in Criminal Law, Domestic Violence, DuPage County criminal defense attorney, Illinois criminal defense lawyer | Tagged , ,