What Is the Zero Tolerance Law for Underage DUI in Illinois?

 Posted on May 19, 2025 in Underage Drinking

Underage drinking and driving laws, such as Illinois’ Zero Tolerance law, apply to anyone under the age of 21 caught driving under the influence of alcohol. According to the Zero Tolerance Law, someone can be charged with driving under the influence (DUI) and face severe penalties, even if that person is not above the legal limit of .08 percent BAC.

An Aurora, IL DUI defense attorney will explain the charge against you and help you build a defense to fight it. The court is sometimes lenient on first-time offenders, but having legal representation ensures you understand your rights and make smart decisions about your defense.

What Is Illinois’s Zero Tolerance for Drinking and Driving Underage?

The Zero Tolerance Law allows the court to charge someone under the age of 21 with a DUI for having even a trace of alcohol in their system. For a standard DUI charge applied to drivers 21 and older, the blood alcohol concentration (BAC) level has to be 0.08 percent or higher to be considered legally impaired. Under Zero Tolerance, the BAC level is 0.00 percent, and the investigating officers have the discretion, based on testing or refusal to test, whether to charge you with a Zero Tolerance violation.

Penalties for Violating Zero Tolerance Law in Illinois

Suspension of driving privileges is the penalty for violating the Zero Tolerance Law, and you can face significantly longer suspension time for refusing to take a BAC test. The penalties for first and second violations are:

• Three-month suspension for a first offense of underage drinking and driving

• One-year suspension for a second offense of underage drinking and driving

• Six-month suspension for a first violation of refusing to or failing to complete a BAC test

• Two-year suspension for a second violation of refusing or failing to complete a BAC test

To restore your driving privileges, you must pay the Secretary of State’s office all the required reinstatement fees.

What Are the Potential Defenses for an Underage DUI Charge in Illinois?

If you are charged with an underage DUI, you need to contact an attorney immediately to start building a personalized defense strategy based on the details of your case. A common defense is to challenge the reason that the police stopped you. Your attorney may argue that the officer did not have probable cause.

Challenging the validity of the chemical test evidence is another common defense. Breath tests are used most often and can be highly unreliable. Similarly, officers have discretion when judging the outcome of field sobriety testing. An experienced attorney may be able to challenge those findings.

Successfully attacking the state’s evidence could mean the prosecution cannot prove their claim. Talk to your legal representative about the best available approach for your case.

Contact an Aurora, IL Underage Drinking Defense Attorney

Losing your driving privileges can be stressful, and for many, an underage DUI or a Zero Tolerance violation is a first-time experience with the criminal justice system. The first step in building your defense is to speak with an experienced Kane County, IL underage DUI defense lawyer at The Law Office of Brian J. Mirandola. Call 847-488-0889 to schedule a free consultation today.