Originally published: August 4, 2021 -- Updated: September 12, 2022
Update: In addition to the potential criminal charges that may apply for minors who possess or drink alcohol, it is also important to understand that people under the age of 21 who drink and drive may be arrested for DUI. Charges related to drunk driving can have a long-lasting effect on a person's criminal record and their driver's license. For a minor who is facing charges for DUI, it is important to understand the specific laws in Illinois and how they may apply to a particular case. Illinois has a "zero tolerance" law that applies to underage drinking and driving. A person under the age of 21 may face consequences if they are found to have any alcohol in their system while driving. While the legal blood alcohol content limit of .08 percent will still apply, minors who are arrested for DUI may face a license suspension if a chemical test shows that they have any alcohol in their system. A BAC reading above .00 percent will result in a driver's license suspension of three months for a first offense and one year for a second offense. If an underage driver refuses to take a chemical BAC test after being arrested, their license will be suspended for six months for a first offense and two years for a second offense.
Criminal DUI charges will apply if an underage driver is found to be driving under the influence of alcohol, marijuana, or any other substance or combination of substances that affected their ability to operate a vehicle safely. A chemical BAC test reading of .08 percent or more may result in a DUI conviction. Since a first-time DUI is a Class A misdemeanor offense, a person may be sentenced to up to one year in prison, and they may be fined up to $2,500. Underage drivers will also be subject to a two-year driver's license revocation, and they will not be eligible to have their driving privileges reinstated while using an ignition interlock device. After serving one year of their revocation, a person may be able to apply for a restricted driving permit. Underage drivers may also be required to participate in remedial education (traffic school), as well as the Youthful Intoxicated Driver's Visitation Program, which involves counseling and visits to view car accidents caused by drunk driving.
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