If you or your child is facing an underage DUI in Illinois, it can feel overwhelming. The laws can be confusing, the penalties seem harsh, and the impact on school, work, and daily life is real. As Illinois DUI attorneys, our job at Dohman Law Group is to make this process easier, protect your driving privileges, and fight for the best outcome possible.
Illinois takes driving under the influence very seriously, especially when the driver is under 21. Even a small amount of alcohol in a teen driver’s system can trigger consequences under Illinois’ zero tolerance law. A first-time underage DUI can lead to license suspension, increased insurance rates, court involvement, and a lasting impact on a young driver’s criminal record. Before things spiral, it’s important to understand the law and get help fast.
Call Dohman Law Group today at (847) 616-9993 for legal representation you can trust. We’re here to protect your future.
Understanding Illinois’ Zero Tolerance Law
Illinois has some of the strictest DUI laws, and one of the most important rules for young drivers is the Illinois zero-tolerance law. Under this law, any driver under 21 can face penalties for having any trace of alcohol in their system.
Here’s what that means:
- A blood alcohol content of 0.01% or higher can trigger the suspension of driving privileges.
- This happens even if you’re not drunk, even if you’re below adult BAC limits, and even if you didn’t drive dangerously.
- It is separate from a standard DUI charge.
Zero tolerance is different from a traditional driving while intoxicated (DWI) or DUI case. You don’t have to fail a field sobriety test, and police don’t need a high blood alcohol concentration. Any measurable alcohol detected through chemical testing, a breathalyzer test, a BAC test, or chemical test equipment can be enough.
Police only need probable cause to stop you, which may include speeding, drifting between lanes, or other minor driving issues. Under implied consent laws, refusing a chemical BAC test or breathalyzer test can also trigger a longer suspension.
A common question we hear is:
Can a minor drive a drunk person home?
Yes, as long as the minor is completely sober. But if the minor has any alcohol in their system, even from earlier in the evening, they risk a zero-tolerance violation.
How Long a First-Time Underage DUI Suspension Really Lasts
This is the part families worry about most: how long will the driver’s license be suspended? Here’s the breakdown:
Zero Tolerance Violation (not a DUI charge)
If the underage driver has any BAC above 0.00% but below the legal adult limit:
- Positive BAC test:
3-month driver’s license suspension for the first offense - Refusal of chemical testing:
6-month statutory summary suspension for the first offense
These suspensions are handled by the Illinois Secretary of State and are civil penalties under Illinois’ Zero Tolerance Law (625 ILCS 5/11-501.8), which applies to all drivers under 21 who test positive for alcohol, even if there is no DUI arrest.
Underage DUI charge (BAC of 0.08% or evidence of impairment)
This is separate from zero tolerance and has harsher penalties:
- A first-time DUI for a minor is usually a class A misdemeanor (answering “is a DUI a felony in Illinois” usually no for a first offense).
- Minimum statutory summary suspension:
- 6 months for failing the chemical test
- 12 months for refusing chemical testing
Additional penalties may include:
- License revocation
- Court costs
- Community service
- An ignition interlock device or breath alcohol ignition interlock device
- Alcohol education program, DUI school, alcohol remedial education courses
- An alcohol evaluation program
You may also hear terms like monitoring device, driving permit, restricted driver’s permit, restricted driving permit, restricted driving privilege, or interlock device. Some underage drivers, especially those under 18, have limited permit options.
If the teen causes a crash, especially involving alcohol-related traffic accidents, serious injury, or reckless homicide, much harsher penalties and possible criminal charges apply.
What Happens After Your License Is Suspended
A license suspension affects every part of a teen’s life. Here’s what to expect:
1. Notice from the Secretary of State
A letter will explain when the suspension starts, how long it lasts, and whether permits are available.
2. Transportation problems
School, work, sports, and daily responsibilities become harder. Families often carry the burden of transportation.
3. Possible permits
Depending on the case, a driver may qualify for:
- Monitoring driving device permit (MDDP)
- Restricted driving permit (RDP)
- Interlock device requirements
4. Insurance consequences
Auto insurance rates may increase significantly.
5. Court requirements
The court may order:
- An alcohol evaluation program
- An alcohol education program
- Minor in possession classes
- Community service
- Payment of fines and court costs
All penalties follow the Illinois Compiled Statutes and guidelines from the National Highway Traffic Safety Administration.
Learn More: Penalties for Underage DUI in Illinois
How an Illinois DUI Attorney Can Reduce the Damage
A skilled attorney can make a major difference in an underage DUI case. At Dohman Law Group, we work to protect your driving record, your future, and your driving privileges.
How we help:
We challenge the stop
We look for issues with probable cause, such as errors in administering the horizontal gaze nystagmus test.
We challenge the tests
We examine:
- Breathalyzer test accuracy
- Chemical test procedures
- Blood-alcohol content results
- Rising BAC issues
- Faulty chemical test equipment
We challenge the suspension
We may fight the statutory summary suspension, seek court supervision, or pursue a restricted driving permit.
We guide the reinstatement process
Reinstatement requirements with the Illinois Secretary of State can be confusing. We help you through every step.
Whether you’re in DuPage County, Chicago, or anywhere in Illinois, a Chicago DUI attorney from our team can defend you.
Learn how our team can help you reinstate your license after a DUI
Protect Your Future and Get Help Now!
A first-time underage DUI can feel overwhelming, but you don’t have to face it alone. The driver’s license suspension, zero tolerance penalties, court costs, and the effect on school, work, and insurance can create real stress for both teens and parents. Even one mistake can lead to consequences that follow you for years, which is why having the right attorney matters. With proper guidance, you can protect your child’s opportunities, challenge the suspension, and move through the process with a clear plan.
Contact Dohman Law Group today. We’re here to protect your future and guide you through every step of the process.
