What to Expect If You’re Charged with DUI and a Child Was in the Vehicle in Illinois

Getting pulled over and arrested for DUI in Illinois is always serious, but when a child is in the vehicle with you, the stakes rise significantly. In the eyes of the law, driving under the influence with a child passenger isn’t just reckless — it’s dangerous enough to trigger harsher penalties, including possible felony charges and mandatory jail time.

If you’re facing this type of charge, understanding the legal process, possible penalties, and your defense options is essential to protecting your rights and future. Illinois takes these cases very seriously, and prosecutors often seek maximum penalties when a child’s safety is involved.

How Illinois Classifies DUI with a Child Passenger

Under Illinois law, DUI is already a criminal offense under 625 ILCS 5/11-501. But if a child under the age of 16 is in the car at the time of the offense, the charge may come with aggravated circumstances. For a first offense with no injury, you’re still looking at a misdemeanor, but the penalties become much more severe. A second offense, or a case where the child is injured, can lead to Class 4 felony charges.

The presence of a child shows what the courts consider a greater level of risk to others. For that reason, even a first-time DUI offender can face mandatory minimum penalties and a permanent criminal record.

What Are the Penalties?

If you’re convicted of DUI with a child in the car, expect enhanced sentencing. For a first offense, penalties may include:

• A minimum $1,000 fine
• At least 25 days of community service that benefits children
• Possible jail time
• Loss of driving privileges

If there’s a second offense, or if the child was hurt, the penalties rise to felony level. A Class 4 felony carries:

• 1 to 3 years in prison
• Up to $25,000 in fines
• Extended license revocation
• Mandatory treatment or education programs

In addition to these court-imposed penalties, having a felony DUI conviction can affect your job, housing, professional licenses, and even your parental rights.

Related Charges: Child Endangerment

It’s not uncommon for someone arrested for DUI with a child in the car to face an additional charge of child endangerment. This is separate from the DUI charge and falls under 720 ILCS 5/12C-5.

This offense applies if a parent or caregiver knowingly places a child in a dangerous situation. Prosecutors may argue that driving impaired with a minor in the car meets that definition.

Child endangerment can be charged as:

• A Class A misdemeanor for a first offense (up to 364 days in jail)
• A Class 3 felony for repeat offenses or situations involving harm to the child (2 to 5 years in prison)

These charges are often filed alongside the DUI, increasing your legal exposure and potential sentencing.

Your Driver’s License Will Likely Be Suspended

In addition to criminal charges, the Secretary of State will likely issue a statutory summary suspension of your driver’s license. This happens automatically if you:

• Refuse to take a chemical test (12-month suspension)
• Fail a chemical test (6-month suspension if over .08 BAC)

When a child is in the car, the judge may also impose extended suspension or revocation periods, or require a BAIID (Breath Alcohol Ignition Interlock Device) before reinstatement. These restrictions can make it harder to get to work, school, or fulfill family responsibilities.

Additional Consequences Outside the Courtroom

Even if you avoid jail time, a conviction for DUI with a child in the vehicle has long-term consequences. If you’re a parent, your child’s other parent may use the arrest to seek a change in custody or visitation.

Employers may take disciplinary action or terminate your employment, especially if your job involves driving. If you hold a professional license — such as a teacher, nurse, or commercial driver — your credentials may be reviewed or revoked.

A felony conviction can also affect your immigration status or ability to own firearms.

What Should You Do After an Arrest?

If you’ve been charged with DUI and had a child in the car, don’t wait to take action. The first thing you should do is consult with a criminal defense attorney who understands how these cases are prosecuted and knows how to develop a defense that considers both legal and personal consequences.

Your attorney can:

• Investigate whether the traffic stop was lawful
• Challenge the accuracy of breath, blood, or field sobriety tests
• Examine whether the officer followed proper procedures
• Push to reduce the charges or negotiate for alternative sentencing
• Fight to keep the case from being elevated to a felony

If the DUI charge is weak or based on questionable evidence, your lawyer may be able to challenge it in court or negotiate a plea that avoids jail time and a permanent felony record.

Call The Law Offices of David L. Freidberg If You’re Facing DUI Charges Involving a Child

At The Law Offices of David L. Freidberg, we know how high the stakes are when you’re charged with DUI and a child is involved. We’ve helped countless individuals across Chicago, Cook County, DuPage County, Will County, and Lake County fight back against serious DUI charges and protect their futures.

We’re available 24/7 to help. Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. Don’t risk your future by waiting. We’re here to fight for your freedom and help you move forward.