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Archive for the ‘zero tolerance policy’ tag

What You Need to Know About Underage DUIs in Illinois

December 12th, 2017 at 8:10 am

Rolling Meadows DUI attorney, underage drinking, underage DUI, zero tolerance policy, driving privilegesWe all know that it is illegal to operate a motor vehicle in Illinois with a BAC of 0.08 percent or more. Yet did you know that drivers who are under 21 years of age can get in trouble for driving under the influence if they have any detectable amount of alcohol in their system? This is because Illinois has what is known as a zero tolerance driving under the influence policy.

Illinois’ Zero Tolerance Policy

As noted on the Office of the Illinois Secretary of State’s website, a driver who is less than 21 years old and is caught with even a trace amount of alcohol in his or her system can get into a lot of trouble under Illinois’ zero tolerance law. Exactly how much trouble a young driver can get in depends on how much alcohol they are found to have consumed before getting behind the wheel. For example, a person who is under 21 can be charged with a DUI (aka driving under the influence) if he or she is caught with:

  • A BAC of 0.08 percent or more,
  • A BAC of 0.05 percent or more plus additional evidence proving impairment,
  • Any illegal drugs in their system, or
  • Other indications of having been driving while under the influence.

Furthermore, Illinois’ zero tolerance law provides that a driver who is under 21 will lose his or her driving privileges if he or she is caught driving after having consumed any alcohol at all. Underage individuals who get caught driving with alcohol in their system in Illinois lose their driving privileges as follows:

  • If convicted of a first DUI – driving privileges revoked for at least two years.
  • If convicted of a second DUI within five years – driving privileges revoked for at least five years.
  • If stopped and issued a ticket for a traffic violation (first offense) – driving privileges suspended for three months.
  • If stopped and issued a ticket for a traffic violation (second offense) – driving privileges suspended for one year.

The Consequences of Underage DUIs in Illinois

In addition to losing their driving privileges for a specified period of time, underage individuals convicted of driving under the influence in Illinois can be sentenced to serve time in jail (generally imprisonment for up to one year) and/or be ordered to pay a fine (typically up to $2,500). Furthermore, those convicted of driving under the influence often find that the consequences of a DUI conviction extend far beyond the penalties imposed by the court. For example, many people find that after being convicted their insurance provider decides to terminate their auto insurance policy.

Need Legal Advice? Contact a Local Rolling Meadows DUI Attorney

Anyone who has recently been charged with driving under the influence in Illinois should contact an experienced Rolling Meadows DUI attorney Christopher M. Cosley without delay. It is important to realize that driving under the influence, whether you are over or under 21, is a serious criminal offense in Illinois that can carry steep fines and serious jail time. Therefore, if you have been accused of driving under the influence it is critical that you consult with a local criminal defense lawyer about your legal options right away.

Source:

http://www.cyberdriveillinois.com/departments/drivers/traffic_safety/DUI/uselose.html

Illinois Zero Tolerance Policy for Underage Drunk Driving

September 16th, 2015 at 7:22 am

Illinois juvenile crimes attorney, Illinois DUI attorney, Illinois defense lawyer,Illinois has very strict laws when it comes to underage individuals driving under the influence of alcohol. Illinois is a zero tolerance state, meaning that if an underage driver is asked by law enforcement to submit to a chemical test and it is discovered that the underage driver has a blood alcohol concentration (BAC) of anything other than zero, the underagedriver will be subject to penalties.

Under Illinois’ zero tolerance law, when a law enforcement officer makes a traffic stop and the driver is under the age of 21 and the officer has reason to suspect that the driver may be operating the vehicle under the influence of drugs or alcohol, the officer can require that the underage driver submit to a chemical test. Any concentration of alcohol in the test results will result in the underage driver being arrested and processed for driving under the influence (DUI).

There are different levels of driving under the influence when it comes to underage drivers. There is driving under the influence in violation of the zero tolerance law, 625 ILCS 5/11-501.8, which means the underage driver has a BAC of 0.01 or higher, and there is driving under the influence in violation of the state’s DUI laws, 625 ILCS 5/11-501, which means that the underage driver was operating the vehicle with a BAC of 0.08 or higher.

Conviction Under The Zero Tolerance Law Means Loss of License

When an underage driver is convicted of driving under the influence, the consequences vary depending on whether it is a first time offense, the driver’s BAC, and whether the underage driver refused the chemical testing.

  • A first-time violation of the zero tolerance law results in the loss of driving privileges for a period of three months. A second violation is a year.
  • A first-time violation of the zero tolerance law, and refusing to submit to the chemical test, results in the loss of driving privileges for a period of six months. A second violation is two years.
  • A first-time violation of the DUI laws as an underage driver results in the loss of driving privileges for a period of six months. A second violation is a year.
  • A first-time violation of the DUI laws, and refusing to submit to the chemical test, results in the loss of driving privileges for a period of 12 months. A second violation is three years.

Defending against Alleged Zero Tolerance Law Violations

There may be a legitimate and legal reason that an underage driver has alcohol in their system. Many prescription medications contain alcohol as an active ingredient, and an underage driver may have taken the medication before getting behind the wheel. It is also possible that the underage driver has alcohol in his or her system as a result of a religious service or ceremony. These are two exceptions to the zero tolerance law that can be argued as reasons for why the underage driver had alcohol in his or her system under 625 ILCS 5/11-501.8(e).

Call the Law Offices of Christopher M. Cosley

If you or someone you love has been charged with a zero tolerance law violation or a DUI in Illinois, it is important that you aggressively fight the charges. Feel free to contact an experienced Rolling Meadows juvenile defense lawyer immediately. Call the Law Offices of Christopher M. Cosley at (847) 394-3200 for a consultation on your case.

 

Sources:

http://www.ilga.gov/legislation/ilcs/documents/062500050K11-501.8.htm

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501

http://www.ilga.gov/legislation/ilcs/documents/062500050K11-501.8.htm

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