Illinois has a strict "zero tolerance" policy for drivers under 21 who are charged with DUI. Even with a blood alcohol concentration (BAC) below the standard legal limit of 0.08%, underage drivers can face severe penalties, including license suspension, criminal charges, and long-lasting consequences. If you or your child is facing underage DUI charges in Illinois, it's crucial to understand the potential ramifications and seek the help of an experienced DUI defense attorney.
Definition, Requirements, and Handling of Underage DUI Charges
In Illinois, the zero tolerance law applies to drivers under 21. An underage driver can be charged with DUI if they have any detectable amount of alcohol in their system, defined as a BAC of 0.00% or higher.
Consequences of a DUI under 21 conviction may include:
1. Driver's license suspension (minimum 2 years for a first offense, 5 years for a second offense)
2. Criminal charges (Class A misdemeanor or felony)
3. Community service
4. Mandatory alcohol education or treatment
5. Insurance rate increases
6. College disciplinary action
To defend against underage DUI charges, an attorney may employ strategies such as:
1. Challenging the legality of the traffic stop
2. Questioning the accuracy of BAC tests
3. Arguing rising BAC levels
4. Negotiating plea bargains for reduced charges or alternative sentencing
The most appropriate defense strategy depends on the unique facts and evidence in each case.
Legal Process for Underage DUI Defense Attorneys in Illinois
When representing a client charged with DUI under 21, a criminal defense lawyer typically follows these steps:
1. Case evaluation: The attorney reviews police reports, test results, and evidence to assess the strengths and weaknesses of the prosecution's case.
2. Client consultation: The lawyer meets with the client and their family to discuss the charges, potential consequences, and defense strategies.
3. Pretrial motions: If applicable, the attorney files motions to suppress evidence, challenge test results, or dismiss the case based on legal or factual grounds.
4. Plea negotiations: The lawyer may engage in discussions with the prosecutor to explore plea bargain options or alternative sentencing.
5. Trial preparation and representation: If the case proceeds to trial, the attorney prepares a strong defense, cross-examines witnesses, and argues for the client's acquittal.
6. Sentencing advocacy: If the client is convicted, the lawyer may advocate for a lenient sentence or alternative sentencing options, such as supervision or probation.
Throughout the process, the underage DUI defense attorney provides guidance, protects the client's rights, and works to achieve the best possible outcome based on the case's specific facts.
