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What Are the Zero Tolerance/Underage Drinking Laws in Illinois?

 Posted on June 07,2021 in DUI

IL defense lawyerAs teenagers and young adults experience the freedom of having a driver’s license, many find themselves in situations that involve drinking and driving. For individuals under the age of 21, being convicted of a DUI can lead to very serious consequences, including criminal penalties and the loss of driving privileges. If you or your child find yourself in this situation, it is important to discuss your case with a skilled DUI defense lawyer. Fluent in English and Spanish, Attorney Patricia Magaña has over 15 years of legal experience helping clients minimize or eliminate the negative consequences of a DUI charge.

Zero Tolerance Law

In the state of Illinois, individuals of all ages may be charged with a DUI. If a driver under the age of 21 is found with alcohol in his or her system, he or she is subject to lose their right to operate a motor vehicle. Upon a police stop, if the officer has reason to believe that the motorist has any trace of alcohol in their system, that officer has the right to request a chemical test. After the test is administered, the officer must submit a sworn statement to the Secretary of State’s office, which will then lead to the suspension of the motorist’s license. If the motorist refuses to submit to testing, his or her driving privileges will be suspended.

If a driver under the age of 21 has a BAC of more than .00, his or her driving privileges will face a three-month suspension for the first offense. A second offense will result in a one-year suspension of driving privileges. If the motorist refuses to take the BAC test, that individual’s first violation will result in a six-month suspension of driving privileges. A two-year suspension will be enforced for a second violation.

Under 21 Penalties for Driving Under the Influence

A motorist under the age of 21 may be charged with a DUI in Illinois if he or she has a BAC of at least .08. Similarly, a DUI may be charged if a driver under the age of 21 has a BAC higher than .05 with supplemental evidence proving impairment.

For a first-time DUI conviction for a motorist under the age of 21, that individual’s driving privileges will be revoked for a minimum of two years. For a second DUI conviction under the age of 21, a minimum five-year revocation of driving privileges will be enforced.

Contact an Experienced Kane County DUI Defense Attorney

If you or your child has been charged with a DUI, Attorney Patricia Magaña is prepared to help. Understanding the serious consequences that can result from a DUI conviction, Attorney Magaña works diligently to help protect her client’s legal rights. Contact our experienced Naperville DUI defense attorney today to schedule a free consultation.




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