What Happens If You Get a DUI in Illinois with a Minor in the Car?

A DUI arrest is always a serious matter in Illinois, but when a minor is in the vehicle, the legal consequences become much more severe. Illinois law imposes enhanced penalties on drivers who are caught operating a vehicle under the influence with a passenger under the age of 16. The state considers DUI with a minor in the car to be an aggravated offense, meaning that even first-time offenders may face mandatory jail time, longer license suspensions, and increased fines.

In addition to criminal charges, a DUI with a minor can lead to child endangerment charges, potential Department of Children and Family Services (DCFS) investigations, and permanent damage to a driver’s criminal record. If a driver is involved in an accident while under the influence, the penalties increase dramatically, with the possibility of felony charges and years in prison.

At The Law Offices of David L. Freidberg, we understand that people make mistakes and that not every DUI arrest is justified. If you are facing DUI with a minor in the car charges, you need a strong legal defense to avoid serious consequences. Our firm aggressively fights DUI charges in Chicago, DuPage County, and throughout Illinois to protect our clients’ freedom, record, and future.

Illinois Law on DUI with a Minor in the Vehicle

Standard DUI Laws in Illinois

Illinois law prohibits any driver from operating a motor vehicle while:

Having a blood alcohol concentration (BAC) of 0.08% or higher.
Being under the influence of alcohol, drugs, or intoxicating compounds that impair driving ability.
Having any trace of an illegal controlled substance in their system.

Under 625 ILCS 5/11-501, DUI offenses carry severe penalties, but when a minor is present in the vehicle, the penalties become significantly harsher.

Enhanced Penalties for DUI with a Minor in Illinois

Under 625 ILCS 5/11-501(d)(1), driving under the influence with a child under 16 years old in the car results in mandatory penalties, including increased fines, longer driver’s license suspensions, and potential felony charges if certain aggravating factors exist.

Penalties for DUI with a Minor in the Car in Illinois

The penalties for a DUI with a minor depend on the circumstances of the case, including whether it is a first offense or if the DUI resulted in an accident, injuries, or fatalities.

First-Time DUI with a Minor in the Car

A first-time DUI with a minor passenger results in:

A minimum fine of $1,000.
Mandatory 25 days of community service in a program benefiting children.
Driver’s license suspension of at least one year.

If the DUI results in an accident with bodily harm, the charge is upgraded to a Class 4 felony, punishable by:

1 to 3 years in prison.
Fines up to $25,000.
Mandatory license revocation.

Second or Subsequent DUI with a Minor in the Car

A second DUI conviction with a minor passenger is considered an aggravated DUI, meaning it is classified as a felony offense. Penalties include:

A mandatory minimum fine of $2,500.
Mandatory 25 days of community service.
Mandatory jail time (even for a non-injury DUI).
A long-term driver’s license revocation.

If the DUI results in an injury to the child passenger, the charge is upgraded to a Class 2 felony, carrying:

3 to 7 years in prison.
Fines up to $25,000.

If the DUI results in a fatal accident, the driver may be charged with aggravated DUI causing death, a Class 2 felonypunishable by 3 to 14 years in prison.

Child Endangerment Charges in DUI with a Minor Cases

In addition to DUI penalties, a driver may face child endangerment charges under 720 ILCS 5/12C-5, which prohibits putting a child in a situation that endangers their life or health. A first-time child endangerment offense is a Class A misdemeanor, carrying:

Up to one year in jail.
Fines up to $2,500.

If the DUI leads to serious injury or death, child endangerment charges may be elevated to a felony, increasing potential prison time and license revocation periods.

How a DUI with a Minor Can Impact Your Life

Beyond criminal penalties, a DUI with a minor can affect every aspect of a driver’s life, including:

1. Driver’s License Suspension and Revocation

The Illinois Secretary of State imposes mandatory license suspensions for DUI offenses, especially those involving minors. A first-time DUI with a minor results in a one-year suspension, while felony DUIs can lead to permanent revocation.

2. Loss of Child Custody or Visitation Rights

Family courts take DUI with a minor very seriously. Parents facing divorce or child custody disputes may risk losing parental rights or visitation if convicted. A DUI arrest can trigger a DCFS investigation, potentially affecting custody agreements.

3. Employment Consequences

A DUI conviction can disqualify individuals from certain jobs, especially those requiring a commercial driver’s license (CDL), security clearance, or professional license. CDL holders face automatic disqualification, even for a first-time DUI arrest.

4. Increased Auto Insurance Rates

Insurance companies treat DUI with a minor as a high-risk offense, leading to significant premium increases or even policy cancellations.

Defenses Against DUI with a Minor in the Car

While DUI cases involving minors are aggressively prosecuted, defenses may be available depending on the circumstances of the arrest. Some common defense strategies include:

1. Challenging the Traffic Stop

If law enforcement lacked probable cause for the stop, the DUI charge could be dismissed.

2. Contesting the Field Sobriety and Breathalyzer Tests

DUI tests must be properly administered. Inaccurate breathalyzer readings, improper field sobriety tests, or equipment malfunctions can invalidate the results.

3. Proving Lack of Impairment

Not all DUI arrests involve actual impairment. Medical conditions, fatigue, or prescription medication side effects can mimic impairment symptoms.

4. Negotiating for Reduced Charges

A strong defense attorney can negotiate with prosecutors to reduce DUI charges, eliminate mandatory jail time, or dismiss the case entirely if there is insufficient evidence.

Why You Need a DUI Defense Attorney

A DUI with a minor in the car is a serious legal matter that requires immediate action. The legal consequences can be life-altering, affecting your freedom, parental rights, and future employment opportunities. Without an experienced attorney, the chances of facing maximum penalties increase significantly.

At The Law Offices of David L. Freidberg, we have decades of experience defending DUI cases throughout Chicago, DuPage County, and across Illinois. Our firm provides aggressive defense strategies to fight DUI charges and minimize penalties.

Call The Law Offices of David L. Freidberg for DUI Defense Today

If you or a loved one has been charged with DUI with a minor in the car, do not wait. Your freedom and future are at stake.

If you are facing a DUI charge in Chicago, you need an aggressive legal defense. Illinois prosecutors pursue these cases aggressively, and the penalties for a conviction can be devastating. An aggressive defense can mean the difference between a conviction and a dismissal or reduced charge.

The Law Offices of David L. Freidberg provides aggressive legal representation for those accused of a driving while intoxicated manslaughter in DuPage County and throughout Illinois. We offer free consultations 24/7 to discuss your case and legal options. Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for dedicated defense in DuPage County, Cook County, Will County, Lake County, and the greater Chicago area.