Drivers under age 21 represent 10% of licensed drivers but are involved in 17% of alcohol-related fatal crashes. If you are arrested for DUI you will be handcuffed and taken to jail. What will your parents say when you call home and tell them you are in jail? Illinois DUI laws for drivers under 21 years of age are tough and will effect your life for years-- if you live that long.
Crashes are a leading cause of death for teens. Nationally, six individuals between the ages of 15 - 20 die in motor vehicle crashes each day. About 2 in every 5 Americans will be involved in an alcohol-related crash at some time in their lives.
The average college student spends more money for alcohol than for books.
Legal Consequences of Underage Drinking and Driving
First Underage 21 DUI Conviction
Loss of full driving privileges for a minimum of two (2) years.
Possible imprisonment for up to one (1) year.
Maximum $2,500 fine.
Second Underage 21 DUI Conviction
Loss of full driving privileges for a minimum of three years or until age 21, whichever is longer.
Mandatory 48 hours in jail or ten (10) days of community service.
Possible imprisonment for up to one (1) year.
Maximum $2,500 fine.
Third Underage 21 DUI Conviction - Class 4 Felony
Loss of full driving privileges for a minimum of six (6) years.
Possible imprisonment of one (1) to three (3) years.
Maximum $25,000 fine.
Felony DUI
Class 4 Felony (Following a crash resulting in great bodily harm or permanent disfigurements)
Loss of full driving privileges for a minimum of one (1) year.
Possible imprisonment of one (1) to three (3) years.
Maximum first time fine of $10,000.
Underage Illegal Transportation of an Alcoholic Beverage
Maximum fine of $1,000.
Drivers license suspended for first conviction.
Drivers license revoked for a second conviction.
Summary Suspension
A chemical test indicating a blood alcohol concentration (BAC) of .10 or greater results in a three (3) month drivers license suspension.
Refusal to submit to a chemical test(s) results in a six (6) month license suspension.
For subsequent offenses, a chemical test indicating a BAC of .10 or greater results in a 12-month drivers license suspension. Refusal to submit to a chemical test(s) results in a 24-month drivers license suspension.
Possession of Alcoholic Beverages
It is illegal for any person under the age of 21 to have alcoholic beverages in their possession, whether open or unopened. Penalties include:
A maximum of $2,500 fine and up to one (1) year in jail.
Using a Fake Illinois Drivers License or ID Card
The penalties for using false IDs are serious and could change your life forever.
Obtaining a drivers license through false affidavit is punishable by 2-5 years in prison and a maximum $25,000 fine.
Subject to a fine of not less than $500 and at least 25 hours of community service.
Allowing another person to use your identification documents to apply for a drivers license or ID card is punishable by 1-3 years in prison and a maximum $25,000 fine.
Zero Tolerance Law for Underage Drinking and Driving
Zero tolerance is a state law that went into effect on January 1, 1995. The law provides for suspension of the driving privileges of any person under the age of 21 who drives after consuming alcohol. As the name Zero Tolerance suggests, any trace of alcohol in a young person's system can result in a suspended drivers license. The only exception are minors who consume alcohol as part of a religious service or those who ingest a prescribed or recommended dosage of medicine containing alcohol.
Penalties for Drinking and Driving
The Zero Tolerance Law provides that minors suspected of driving under the influence can have their driving privileges suspended even if they're not intoxicated at the .08 BAC level. The following table shows the length of time your driving privileges may be suspended under the Zero Tolerance Law (for BAC of .01 or greater) and DUI Laws (for BAC of .08 or greater). The loss of driving privileges is greater if you refuse to take a sobriety test.
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Under Zero Tolerance Law
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Under DUI Laws
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If Test Refused
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If Test Refused
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1st Violation
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3 Months
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6 Months
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2 Years
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2 Years
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2nd Violation
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1 Year
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2 Years
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Until age 21
3 Years Minimum |
Until age 21
3 Years Minimum |
Effect on Your Driving Record
Zero Tolerance (BAC of .01 or greater) -- Except during suspension period, it will not appear in the offenders on public driving record as long as there is no subsequent suspension
DUI Conviction (BAC of .08 or greater) -- Permanently on the offenders public driving record
Under certain conditions, you may be charged with DUI even though your BAC is below .08.
