Underage DUI in Illinois

Defense Attorney in Chicago, Illinois

Protect Your Rights with Bernard Law

If your child has been charged with an underage DUI in Illinois, it’s essential to understand the legal landscape and act swiftly. The drinking age in Chicago is 21, and underage drinking and driving are serious offenses that carry significant legal, educational, and personal consequences. With Bernard Law  on your side, you can navigate these complex charges and work toward protecting your child's future.

What Is Underage DUI in Illinois? 

As defined by the Illinois minor drinking laws, “underage” applies to individuals under the age of 21 who operate a motor vehicle with any amount of alcohol in their system, regardless of impairment. This is regulated under Illinois’s Zero Tolerance policy, meaning even a small amount of alcohol can result in criminal charges. 

According to Illinois drinking and driving law, Illinois Underage DUI Law (625 ILCS 5/11-501.9), 

“It is unlawful for any person under 21 years of age to drive or be in physical control of any motor vehicle when their blood alcohol concentration (BAC) is 0.00% or more but less than 0.08%.” 

Key points: 

  • The legal BAC threshold for minors is any detectable amount of alcohol (generally considered 0.01% or higher). 

  • A conviction can result in serious penalties even if the driver is not impaired. 

Penalties for Underage DUI 

Understanding minor DUI penalties is crucial. If convicted of underage drinking and driving, possible penalties include: 

  • License suspension: typically between 6 months to 2 years. 

  • Fines: up to $2,500. 

  • Jail time: up to 6 months for first offenses. 

  • Mandatory alcohol education programs. 

  • Community service. 

  • Criminal record that can impact future education, employment, and driving privileges. 

Additional Administrative Consequences 

  • DMV sanctions: even before criminal proceedings, the Illinois Secretary of State may suspend your child’s driving privileges. 

  • School disciplinary actions: potential suspensions or expulsions. 

  • Impact on college admissions or scholarships

It’s critical to handle underage DUI charges promptly with a Chicago underage DUI attorney to minimize these consequences. 

Why Is Underage DUI a Serious Offense? 

The Illinois legislature treats underage DUI offenses with strict penalties because underage drinking combined with motor vehicle operation poses a significant safety risk. The goal is to deter minors from drinking and driving and to uphold public safety standards. 

Additionally, underage DUI affects your child's future — a criminal record may hamper college admissions, scholarship eligibility, insurance rates, and employment opportunities. 

Common Defenses in Underage DUI Cases 

Every case is different. A DUI defense attorney will evaluate the facts to develop strategic defenses, which may include: 

  • Questioning the accuracy of BAC testing: Challenging the reliability of breathalyzer or blood test results. 

  • Procedural violations: Any violations of rights or improper police procedures during arrest. 

  • Medical conditions or false readings: Conditions such as acid reflux, certain medications, or medical devices that could skew test results. 

  • Lack of probable cause: Arguing that police lacked sufficient reason to conduct tests or initiate traffic stops. 

  • Challenging the legality of the stop or arrest. 

Bernard Law’s legal team can work to uncover weaknesses in the prosecution’s case to seek dismissals, reduced charges, or alternative resolutions. 

Why Legal Representation is Crucial for Underage DUI 

Handling an underage DUI charge without legal counsel can have lasting repercussions. Attorney Nate Bernard understands the emotional and legal complexities involved in juvenile DUI cases. With a Chicago underage DUI attorney on your side, you can navigate these complex charges and work toward protecting your child's future. 

An attorney will work to protect your child’s rights at every stage of the legal process. This includes negotiating plea deals or alternative sentencing options that can significantly lessen the impact of the charges and challenging any evidence that may have been obtained improperly. We can also guide you through the administrative penalties with the DMV and work to mitigate long-term consequences, such as impacts on criminal records and future opportunities.  

Our comprehensive approach covers everything from personalized case assessments to aggressive defense strategies aimed at reducing or dismissing charges, along with representation in court, DMV hearings, and all negotiations. A Chicago underage DUI lawyer will provide guidance on the entire legal process, potential penalties, and ensure your child's rights are upheld. Our goal is to defend their rights and achieve the most favorable outcome possible. 

Immediate Steps If Your Child Is Charged with an Underage DUI 

  1. Contact Bernard Law immediately for a confidential consultation — early legal intervention is crucial in minimizing penalties and protecting your child’s future. 

  2. Avoid discussing the case with others outside of your legal team to prevent any statements that might be used against your child. 

  3. Gather all relevant information and evidence such as police reports, witness statements, and medical records that could support your child’s defense. 

  4. Follow your Chicago underage DUI lawyer’s guidance closely to ensure all procedural rights are protected and to develop a strong defense strategy. 

Being informed and taking prompt action can help safeguard your child's future—reach out today to get started. 

Secure Your Child's Future: Contact Bernard Law 

If your child is facing an underage DUI charge, don’t delay seeking legal counsel. The right legal team can help minimize long-term consequences and guide you through every step of the process. Act now. Contact Bernard Law today for a free, confidential consultation. 

An underage DUI does not have to define your child's future. With the right legal representation from Bernard Law, you can ensure their rights are protected while working toward the best possible outcome.