Illinois DUI Charges When You Have a Minor Passenger in the Car

The State of Illinois takes driving under the influence very seriously, with some of the toughest laws in the country. The stakes increase significantly when certain aggravating factors are present. One aggravating factor that every parent and motorist should know about is DUI involving a minor passenger. If you have a minor in the car and get pulled over on suspicion of DUI, you can face enhanced penalties, longer license suspensions, and even felony charges in some cases. The presence of a minor will change how prosecutors pursue the case and how sentencing is handled.

Drivers who are caught driving under the influence with a minor in their car can face criminal charges and more. It could impact how your child custody case is handled, your employment, or your immigration status. This remains true even if the child was unharmed. Illinois imposes mandatory minimums that make the charges much more severe than a standard DUI.

In this article, the Champaign, IL DUI attorneys at Patel Law, P.C. will discuss the crime of DUI with a minor in the vehicle.

What are the penalties for DUI with a minor passenger?

 Illinois law sets forth enhanced penalties for those caught driving under the influence with a minor in the car. Under 625 ILCS 5/11-501(c)(3), any driver who is convicted of DUI while transporting a minor passenger under the age of 16 faces enhanced sentencing that includes onerous mandatory minimum penalties that cannot be waived by a judge.

For a first offense, DUI with a minor in tow is a Class A misdemeanor. However, the penalties increase for those convicted. A judge is required to impose:

• A minimum $1,000 fine
• A minimum of 25 days of community service in a child-oriented program

These penalties are stacked in addition to all the penalties associated with a standard DUI.

When the driver faces a second DUI, or if the child is harmed in an accident, the case turns into a felony. A DUI resulting in bodily harm to a child is considered an aggravated DUI, which is a Class 4 felony under Illinois law. Penalties would include:

• 1 to 3 years in state prison
• Fines of up to $25,000
• Mandatory license revocation

If this is the driver’s third DUI, and they get caught with a minor in the vehicle, the crime can be charged as a Class 2 felony, which has a sentencing range of 3 to 7 years in prison. It could potentially be longer if other aggravating factors are present.

These are just the criminal penalties. You can also face other penalties. The court will have to consider whether or not to refer the case to the Illinois Department of Child and Family Services (DCFS).

Talk to a Champaign, IL DUI Defense Lawyer Today 

Patel Law, PC, represents the interests of Champaign, IL, residents during their DUI case. Call our Champaign criminal defense lawyers today to schedule an appointment, and we can begin preparing your defense immediately.