I Don’t Know What I Would
Have Done Without Him...
Underage DUI in Illinois: What Happens If You’re Caught Under 21?
How a DUI Can Cost You Your CDL in Illinois

Commercial truck drivers and other CDL holders in Illinois operate under stricter laws than regular drivers. A DUI arrest can jeopardize a CDL (Commercial Driver’s License) and put a driver’s career at risk. Unlike standard driver’s licenses, CDL holders face lower blood alcohol concentration (BAC) limits, harsher penalties, and severe employment consequences if convicted.
Even a first-time DUI can result in an automatic one-year CDL disqualification, while a second offense leads to a lifetime ban from commercial driving. Additionally, trucking companies have zero tolerance for DUI convictions, meaning that even if a driver’s CDL is reinstated, securing employment in the industry becomes nearly impossible.
If you are a CDL holder facing a DUI charge, immediate legal action is necessary. At The Law Offices of David L. Freidberg, we fight to protect your CDL, career, and future. Our firm aggressively challenges unlawful DUI arrests, faulty breathalyzer tests, and police misconduct, working to get charges reduced or dismissed.
Illinois CDL DUI Laws and BAC Limits
CDL drivers are subject to both Illinois’ general DUI laws under 625 ILCS 5/11-501 and additional CDL-specific regulations under 625 ILCS 5/6-514.
For non-commercial drivers, the legal BAC limit is 0.08%. However, for CDL holders operating a commercial vehicle, the legal BAC limit is 0.04%—half of what applies to regular drivers.
A DUI conviction in a personal vehicle can also lead to CDL disqualification, even if the offense occurred off-duty. Thismeans that even while driving a personal car, CDL holders face harsher consequences than regular drivers.
Additionally, CDL holders can be charged with DUI for:
- Driving under the influence of drugs (including legally prescribed medications).
- Having any trace of an illegal controlled substance in their system.
- Refusing to submit to chemical testing under Illinois’ implied consent laws.
Even if no accident occurs, a DUI charge alone can result in CDL disqualification. If a CDL driver refuses a breathalyzer, the automatic penalties still apply, making it essential to consult a DUI defense attorney immediately.
What Happens After a CDL DUI Arrest?
A CDL DUI arrest triggers two separate legal processes:
- Criminal Court Proceedings – If convicted, CDL holders face fines, jail time, and a permanent criminal record.
- Administrative License Suspension – The Illinois Secretary of State imposes an automatic license suspension (statutory summary suspension) if the driver fails or refuses a breathalyzer.
CDL holders must request a hearing within 90 days to challenge the license suspension. If they do not request a hearing, the suspension is automatic. Fighting the suspension early increases the chances of avoiding CDL disqualification.
CDL DUI Penalties in Illinois
First-Time DUI Conviction (While Operating a Commercial Vehicle)
A first-time DUI conviction results in:
- One-year CDL disqualification (three years if transporting hazardous materials).
- Class A misdemeanor charges.
- Up to one year in jail.
- Fines up to $2,500.
- Mandatory drug and alcohol counseling.
Even if a driver avoids a criminal conviction, the CDL disqualification remains in effect. A DUI arrest alone can lead to termination from employment, regardless of the case outcome.
Second CDL DUI Conviction (Lifetime Disqualification)
A second DUI conviction, regardless of whether it occurred in a commercial or personal vehicle, results in:
- Lifetime CDL disqualification (with possible reinstatement after 10 years).
- Potential felony charges, depending on circumstances.
- Significant fines and possible jail time.
Since most trucking companies refuse to hire CDL holders with any DUI conviction, a second DUI effectively ends a commercial driving career.
Refusing a Breathalyzer Test as a CDL Holder
CDL holders are subject to implied consent laws, meaning that refusing a breathalyzer or chemical test results in:
- One-year CDL disqualification for a first refusal.
- Lifetime CDL disqualification for a second refusal.
Even if a driver avoids a DUI conviction, refusing a breath test still results in CDL disqualification.
How a DUI Can Impact Your CDL Career
A DUI conviction doesn’t just lead to license suspension—it can permanently impact employment opportunities.
Employer Policies on DUI Convictions
Most trucking companies have zero-tolerance policies for DUI convictions. Even after a CDL is reinstated, securing a job as a commercial driver is extremely difficult. Many companies conduct background checks, and a DUI conviction is often an automatic disqualification from employment.
Increased Insurance Costs
A CDL holder with a DUI conviction faces higher insurance rates, making them an undesirable hire for trucking companies. Many employers refuse to cover drivers with a DUI, forcing them out of the industry permanently.
Loss of Professional Endorsements
Certain CDL endorsements, such as hazardous materials (HAZMAT), tanker, and passenger endorsements, may be revoked permanently after a DUI conviction. Losing these certifications further limits employment opportunities.
Defenses Against CDL DUI Charges
Fighting a CDL DUI charge requires a strong legal defense. Some potential defenses include:
- Challenging the Traffic Stop – If law enforcement lacked probable cause for the stop, the entire case may be dismissed.
- Disputing Field Sobriety Test Results – Field sobriety tests are not always accurate, and certain medical conditions can lead to false positives.
- Questioning BAC Test Accuracy – Breathalyzers must be properly calibrated and administered correctly.
- Proving Rising BAC – If alcohol was consumed shortly before the stop, BAC levels could rise after the arrest, meaning the driver was legally under the limit while driving.
- Negotiating for Reduced Charges – In some cases, a plea deal can help avoid CDL disqualification.
Hiring an experienced CDL DUI defense attorney is crucial to protecting your commercial driving career.
Why CDL Holders Must Fight DUI Charges
For most drivers, a DUI conviction means temporary license suspension and fines. But for CDL holders, it can mean losing their career forever.
A CDL DUI conviction can:
- Result in immediate job termination.
- Make it impossible to find future trucking jobs.
- Lead to permanent CDL disqualification.
- Increase insurance costs, making employment less likely.
Fighting a CDL DUI charge is the only way to protect your future.
Call The Law Offices of David L. Freidberg for CDL DUI Defense
A DUI arrest doesn’t have to end your CDL career—but you must act quickly. At The Law Offices of David L. Freidberg, we aggressively defend CDL drivers facing DUI charges and work to protect their license and livelihood.
Our firm has successfully helped CDL drivers:
- Get DUI charges dismissed or reduced.
- Fight CDL disqualification.
- Challenge faulty breathalyzer and field sobriety tests.
If you are a CDL holder charged with DUI in Illinois, your career is on the line. Call The Law Offices of David L. Freidberg for a free consultation 24/7 at (312) 560-7100 or toll-free at (800) 803-1442.
Your CDL is your livelihood. Don’t let a DUI take it away. Call us today.
You said:
Another for “Underage DUI in Illinois: What Happens If You’re Caught Under 21?”
6/6
ChatGPT said:
Underage DUI in Illinois: What Happens If You’re Caught Under 21?
Driving under the influence (DUI) is a serious offense for any motorist in Illinois, but the consequences are especially harsh for drivers under 21 years old. The state enforces a zero-tolerance policy for underage drinking and driving, meaning that even the slightest trace of alcohol in a minor’s system can lead to a DUI arrest, driver’s license suspension, and other severe penalties.
For young drivers, a DUI conviction can have long-term consequences, including difficulty obtaining employment, higher insurance rates, and even academic consequences for students. If you or a loved one has been charged with an underage DUI in Illinois, it is essential to understand the laws, penalties, and defense strategies available to fight the charge.
At The Law Offices of David L. Freidberg, we have decades of experience defending individuals facing DUI charges in Illinois, including minors charged under the state’s zero-tolerance laws. Our goal is to protect your future and fight for the best possible outcome in your case.
Illinois Zero-Tolerance DUI Laws for Drivers Under 21
Illinois takes underage drinking and driving seriously, enforcing some of the strictest DUI laws in the country. The state’sZero-Tolerance Law, found under 625 ILCS 5/11-501.8, prohibits anyone under 21 years old from having any detectable amount of alcohol in their system while operating a motor vehicle.
For drivers over 21, the legal blood alcohol concentration (BAC) limit is 0.08%. However, for drivers under 21, the BAC limit is effectively 0.00%. Even a trace of alcohol in an underage driver’s system—such as 0.01% or 0.02% BAC—can result in a license suspension under the zero-tolerance law.
Underage DUI Charges in Illinois (625 ILCS 5/11-501)
If an underage driver is found to have a BAC of 0.08% or higher, or if they show signs of impairment, they can be charged with a full DUI under 625 ILCS 5/11-501. Unlike a zero-tolerance violation, a DUI charge carries criminal penalties, including fines, jail time, and mandatory alcohol education programs.
Underage DUI cases often involve additional aggravating factors, such as:
- Driving with a BAC of 0.08% or higher.
- Driving under the influence of drugs or cannabis.
- Being involved in an accident causing injuries or property damage.
- Refusing a breathalyzer or chemical test.
These factors can increase penalties, leading to longer license suspensions, higher fines, and possible jail time.
What Happens If You’re Caught Under 21 with Alcohol in Your System?
First Zero-Tolerance Violation (BAC of 0.01% to 0.079%)
- Three-month driver’s license suspension.
- Six-month suspension if the driver refuses a breathalyzer test.
- No criminal record, but suspension appears on driving history.
- Possible mandatory alcohol education program.
Second Zero-Tolerance Violation (BAC of 0.01% to 0.079%)
- One-year driver’s license suspension.
- Two-year suspension if the driver refuses a breath test.
- Possible requirement of alcohol treatment or counseling.
Underage DUI (BAC of 0.08% or Higher or Impairment Evidence)
A full DUI charge results in:
- Class A misdemeanor (up to one year in jail and $2,500 in fines).
- Mandatory driver’s license suspension for at least two years for a first offense.
- Community service or court-ordered alcohol counseling.
- Installation of an Ignition Interlock Device (IID) if granted a restricted driving permit.
A second underage DUI conviction leads to five years of license revocation and mandatory jail time or community service. A third offense becomes a felony, resulting in years in prison and a permanent loss of driving privileges.
What Happens If You Refuse a Breathalyzer Under 21?
Illinois has implied consent laws, meaning that all drivers—including those under 21—automatically consent to breath, blood, or urine testing if suspected of DUI. Refusing a breath test leads to an automatic suspension of driving privileges, even if no DUI conviction occurs.
For underage drivers, a breath test refusal results in:
- Six-month suspension for a first offense under zero-tolerance laws.
- Two-year suspension for a second refusal.
For a DUI arrest, refusing a breath test leads to:
- One-year suspension for a first refusal.
- Three-year suspension for a second refusal.
Refusing a breath test may prevent BAC evidence from being used in court, but the license suspension still applies. Thisis why securing legal representation is crucial in underage DUI cases.
Defenses Against an Underage DUI Charge
Being charged with an underage DUI does not mean an automatic conviction. Possible defenses include:
- Challenging the Traffic Stop – If police stopped the driver without probable cause, the case may be dismissed.
- Disputing BAC Test Results – Breathalyzer tests can be inaccurate due to improper calibration or medical conditions.
- Questioning Officer Observations – Field sobriety tests are subjective and not always reliable indicators of impairment.
- Lack of Proof of Alcohol Consumption – If alcohol was detected on the breath but not in the bloodstream, the charge may be reduced.
An experienced DUI defense attorney can analyze the case and build a strong defense to fight the charges.
How an Underage DUI Affects Your Future
A DUI conviction at a young age can have long-term consequences, including:
- Difficulties obtaining employment – Many employers conduct background checks, and a DUI can be a red flag.
- Higher insurance premiums – Drivers with DUI convictions pay significantly higher auto insurance rates.
- College disciplinary action – Some universities may revoke scholarships or take disciplinary action against students with DUI convictions.
- Impact on future professional licenses – Certain careers, such as healthcare, law, or commercial driving, may deny licenses to individuals with DUI records.
Fighting an underage DUI charge is critical to avoiding lifelong consequences.
Why You Need an Experienced Underage DUI Defense Attorney
If you are under 21 and charged with DUI in Illinois, you need a strong legal defense. The consequences of a conviction can be life-altering, affecting your education, career, and financial future.
At The Law Offices of David L. Freidberg, we fight to:
- Get charges reduced or dismissed.
- Protect your driver’s license.
- Challenge breathalyzer results and field sobriety tests.
- Negotiate alternative sentencing options to avoid jail time.
We understand that everyone makes mistakes, and we work to minimize the impact of an underage DUI charge.
Call The Law Offices of David L. Freidberg for Underage DUI Defense
If you or your child is facing an underage DUI charge in Illinois, do not wait to seek legal help. A DUI conviction at a young age can have lasting consequences. A DUI conviction can impact your job, finances, and future opportunities.
At The Law Offices of David L. Freidberg, we:
- Fight license suspensions
- Challenge wrongful DUI arrests
- Provide aggressive legal defense for all DUI cases
We serve clients in Chicago, DuPage County, Cook County, Will County, and Lake County.
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.