Underage DUI Lawyer

If you’re under the legal drinking age and you were charged with a DUI in Illinois then you’re probably looking for answers. As Illinois’ highest rated DUI and Traffic law firm, we can confidently say that you are in the right place to find answers. 

Understanding Underage DUI in Illinois

Due to Illinois’ Zero Tolerance Law, underage drinking and driving have more strict laws and penalties. Basically, the state is saying you do not have the same tolerance to alcohol as someone who is above the legal drinking age. Therefore, when it comes to driving, you are more likely to endanger yourself and others around you. For this reason, you are at higher risk of receiving a DUI charge.

As someone who has a whole lot of life ahead of them, getting a DUI conviction can create some pretty major setbacks for you. It can come with a loss of driving privileges as well as hefty fines. Beyond the legal repercussions, DUI convictions can affect college applications and job prospects, so it is important that you handle this case correctly.

But the good news is that all is not lost; hiring an experienced DUI-focused lawyer can make all the difference in how underage DUI charges affects your future by getting you the best outcome possible.

The Zero Tolerance Law and It’s Penalties

Illinois’ Zero Tolerance Law is as strict as it sounds. If you are under the age of 21, you can be hit with a license suspension in many different ways. This law is designed to discourage driving after drinking, no matter how little you’ve had. Let’s go through the different penalties.

What happens if you are underage and refuse the breath test in Illinois?

Unlike a driver who is of legal drinking age, an underage driver cannot have ANY alcohol and drive.

But that does not necessarily mean that an underage driver with alcohol in their system will automatically get a DUI. They still have to be over the limit and/or show signs of impairment to receive a DUI.

So what happens if you’re not impaired but still have trace amounts of alcohol in your system?

On your first offense of getting caught while driving with a BAC of anything more than .00, you receive a minimum 3 month suspension of driving privileges. If you refuse the breath test altogether you’re looking at a minimum 6 month suspension.

What happens if you get a DUI while underage in Illinois?

In the state of Illinois,  if you are under the age of 21 and got charged with DUI there are potentially 3 categories that you fall under. (1) You did the breathalyzer and have a BAC (Blood Alcohol Concentration) under .05 (2) Your breath test result is between .05 and .08 (3) Your breath test was .08 or above. Let’s go through each scenario: 

BAC under .05

If you are under the age of 21 and you blow under .05 you are likely not going to get a DUI. However, if there are drugs involved or there are an overwhelming amount of signs of impaired driving, it is still possible. Despite the likelihood of getting a DUI being low, you can still expect to have your driver’s license suspended for 3 months due under Illinois’ Zero Tolerance Law. 

BAC between .05 and .08

If you are above the legal drinking age, the limit for blood alcohol content while driving is .08 and above. But if you are under the age of 21 that limit gets brought down. If you are under the legal drinking age, do the breathalyzer test, and have a BAC result between .05 and .08 you will get a DUI if the officer has any additional evidence of impaired driving such as an admission of drinking, erratic driving, open alcohol in the vehicle, or drugs in your system. Additionally due to Zero Intolerance your driver’s license will be suspended for a 3 month period.

BAC of .08 or above

Now if you are under the age of 21 and blow .08 or above you will definitely get a DUI. They will charge you the same as somebody above the legal drinking age and because you did the breathalyzer test you will receive a 6 month suspension of your driver’s license. Now if you refused that breathalyzer and you got charged with a DUI you are looking at a 12 month suspension.

Again, this is all for first offense DUI. If this is your second offense (or more!), it gets a lot more complicated.

Driver’s License Suspension

There are two types of suspensions for underage drivers who are caught with alcohol in their system – Statutory Summary Suspensions and Zero Tolerance Suspensions.

If you’re charged with a DUI, your Statutory Summary Suspension will be the same as a driver who is over 21 years old — 6 months if you blow over .08 and 12 months if you refuse.

However, if your breathalyzer is above 0.00 but not enough to get charged with a DUI (so typically between .001 and .079 BAC) you’ll still be hit with a Zero Tolerance Suspension. That’s because, just like it sounds, Illinois has zero tolerance for underage drinking and driving.

What is the solution to the license suspension?

After you’ve been arrested for DUI you only have 45 days until your driving privileges get suspended otherwise known as Statutory Summary Suspension. It is possible for your DUI attorney to contest that license suspension through a hearing. Again, we emphasize hiring a DUI focused lawyer sooner than later. This will give your DUI lawyer time to review the evidence and build a strong defense. 

Similarly, if you’re hit with a Zero Tolerance suspension, there is a way to contest or appeal that by having a hearing. However, it is important to note that these are difficult to win because the suspension is simply based on having ANY alcohol in your system.

Defense Strategies for Underage DUI

No two DUI cases are the same, and there are various strategies to challenge an underage DUI charge. At Driver Defense Team, we’ve helped over 10,000 people in similar situations like yours. We can argue things like: 

• No Probable Cause for Stop – We scrutinize the traffic stop’s legitimacy and if it lacks a solid basis, we argue for dismissal or reduced charges. For example, if the law enforcement officers indicates that the reason for the traffic stop was because our client ran through a red light and the police dash cam indicates otherwise, we can file a motion to suppress the evidence that was gathered as a result of the illegal stop. As a result, the state has no evidence that came after and the DUI case is dismissed.   
• Field Sobriety Tests – The National Highway Traffic Safety Administration (NHTSA) has a very specific way that officers must conduct field sobriety tests. If the police officer deviates from these instructions we can argue that it could result in inaccurate results.
• Inadmissible Breath/Blood Testing – 28 Section 1286 of Title 20 of the Illinois Administrative Code sets out the procedure that must be followed for breath and blood tests to be admissible. We scrutinize the testing process for protocol breaches, equipment calibration issues, and the handling of samples. If these tests are found to be conducted improperly, we argue for their exclusion as evidence.

How We Can Help: Our Unique Underage DUI Approach

Our law firm isn’t just any legal team. With a combined 100+ years of DUI law experience, we know the ins and outs of DUI defense. Our unique 9-Step process ensures we tailor a defense strategy that fits your specific situation. With your priorities and best interest in mind, our team will make sure you get the best possible outcome.

Client Support and Communication

Our promise to you? You’ll never be in the dark. We’re committed to keeping you updated every step of the way, ensuring you’re supported and informed. Our 8 DUI attorneys and 10 case managers will make sure you never go 2 weeks without hearing from us.

Moving Forward After an Underage DUI

A DUI charge isn’t the end of the road. With the right legal help, it can be just a bump in your journey. You can learn from this experience and make smarter choices in the future. Our underage DUI lawyers are dedicated to defending your rights and guiding you through this challenging time. Contact us for a consultation, and let’s start your journey to putting this behind you. Remember, we’re here to help, not judge.