What if My Teen is Caught in a Car with Alcohol in Illinois?

 Posted on April 12, 2022 in Criminal Defense

Graduation parties and other events at the end of the school year can be a popular time for underage drinking. Many minors and even parents are unaware of the severe consequences Illinois teens face if they are caught underage drinking or possessing alcohol. Penalties for underage driving under the influence (DUI) can be even harsher. Even passengers in a car can be charged for illegal transportation and have their license suspended for one year. At The Law Office of Brian J. Mirandola, we can represent your child if they have been accused of underage drinking and are committed to keeping the offense off their record.

Underage Drinking Basics

In Illinois and nationwide, it is against the law for anyone under 21 years old to purchase, receive, or consume alcohol. Underage drinkers face various severe penalties, including fines and jail time, depending on the circumstances of the case. This includes using a fake ID to buy alcohol. Violating these alcohol-related laws could lead to Class A misdemeanor charges.

Driving Under the Influence Under Age 21

Under Illinois law, there is a zero-tolerance policy for underage drinking and driving. If an underage person is caught driving with any alcohol in their system, their license will be suspended for up to three months. After completing a remedial driver's education course, they will need to retake the driver’s license test to get their driving privileges back. With a Blood Alcohol Content (BAC) of greater than 0.08 percent, they can face all the punishments associated with a DUI in Illinois, as well as a 2-year driver’s license suspension. In Illinois, DUI is punishable by up to a year in jail and a maximum fine of $2,500. These penalties are elevated significantly if a passenger under age 16 was in the car or the driver caused an accident where someone is injured.

Consequences for Underage Passengers

It is against the law for any person, regardless of age, to transport alcohol in the passenger area of a vehicle in Illinois. If your underage child is caught in a vehicle with alcohol, any occupant can face charges for illegal transportation plus a driver’s license suspension of up to one year. After a first conviction, all subsequent alcohol-related offenses, including underage drinking, illegal transport, or DUI, carry higher penalties and are punished even more harshly. It is best to have a frank discussion with your underage child about the consequences of underage drinking and the impact it can have on their current life and their future.

Contact an Elgin Criminal Defense Lawyer

If your child has been charged with underage drinking, DUI, or other alcohol-related offenses, contact an experienced Kane County underage drinking defense attorney at The Law Office of Brian J. Mirandola. We will discuss your options and fight to keep a lapse in judgment off of your child’s record. Call 847-488-0889 today for a free consultation.  

Sources:

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

https://www.cyberdriveillinois.com/departments/drivers/traffic_safety/DUI/uselose.html