The Impact of the Zero-Tolerance Law on Underage Drinking and Driving

 Posted on January 09, 2023 in Underage Drinking

Young people may get on the road without measuring the consequences of their actions if they have been drinking. At The Law Office of Brian J. Mirandola, we understand that they do not mean to hurt anyone; they may simply have a momentary lapse in judgment. A mistake such as underage drinking can have serious repercussions. It is important that you seek the help of a criminal defense attorney to protect your child’s future.

Penalties in Illinois for Minors

In Illinois, there is no tolerance under the law for anyone under 21 years old to be caught drinking and driving. The zero-tolerance law is very clear, any trace of alcohol in an underage person’s system could lead to charges for violating this statute and a possible DUI conviction.

If a person under the age of 21 is convicted of driving with a blood-alcohol content (BAC) of more than .00, the following consequences could apply: 

• First-time offenders lose their driver’s license for three months. Second-time offenders have their driver’s licenses suspended for one year.
• If your child happens to refuse BAC testing at the time of arrest, they could have their driver’s license suspended for six months. It increases up to two years if it is their second offense.
• A DUI conviction would require your child to have a BAC of .08 or more. Penalties will vary, but if your child is a repeat offender, the consequences are more serious and could include a license revocation for up to five years.

Parental Involvement and Zero Tolerance

It is important to understand that minors caught drinking and driving are not the only ones impacted by the zero-tolerance law. If parents knowingly allow their underage children or their children’s friends to drink alcohol in the privacy of their homes, the parents can also face charges. It is not only against the law to allow minors to consume alcohol but so is the failure to control access to the alcohol. If minors happen to get their hands on alcohol, it is against the law for them to transport any alcoholic beverages. If they are pulled over and an officer finds alcohol in the vehicle, they could have their driver’s license suspended and they will face hefty fines.  

Contact a Kane County Criminal Defense Attorney

If your child is facing DUI charges you need an experienced Elgin, IL criminal defense attorney. At The Law Office of Brian J. Mirandola, we will try to help your child avoid the harsh consequences of a conviction. Call 847-488-0889 for a free consultation.

Source:

https://www.ilsos.gov/departments/drivers/traffic_safety/DUI/uselose.html