WHAT CAN HAPPEN IN AN UNDER AGE 21 DUI?

Special rules apply to drinking and driving if you are under age 21. Unlike an older driver, the Secretary of State can suspend your license even if you have only a trace amount of alcohol in your system.

The Zero Tolerance law applies if you are driving or in physical control of a vehicle.  Therefore, sitting in the front seat with the key in the ignition, and a beer in your hand can be enough to violate the law.

A violation results in a 3-month suspension for a first offense, and a one-year suspension for a second offense.  These penalties double if you refuse chemical testing.  However, the penalties are much worse if you are over the .08 legal limit or over .05 with additional evidence of impairment.  Then you may also be charged with DUI.

In an under 21 DUI,  your license can be revoked for at least two years for a first offense and at least five years for a second offense.  A revocation is much stiffer than a suspension.  Under a zero-tolerance suspension, you will have to  take a remedial driving course and exam to get your license back.  Under a revocation, however, you will have to apply to the Secretary of State for a hearing and prove to them why you can be trusted once again to drive.

If you are charged with a Zero Tolerance DUI or similar offense, contact an experienced DUI attorney immediately.  An attorney can review your case for its best possible defense. Did the police have probable cause to stop your car?  If not, an attorney can petition the court to suppress the evidence from the stop.  Do you seem impaired on any police video?  Maybe you were driving safely, spoke clearly and performed well on any field sobriety tests.

An attorney may also be able to contest the suspension or revocation of your license. Your chances of fighting the suspension are better if you act quickly after the arrest. But bear in mind that the Secretary of State and the court are on two separate tracks.  A win in one does not guarantee a win in the other.  Therefore, you could win the DUI and still lose your license or vice versa.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)