Arrested for DUI with a Minor in the Car in Illinois

 Posted on May 31, 2025 in DUI

In Illinois, driving under the influence (DUI) is already a serious offense, but a DUI while transporting a child drastically increases the severity of the penalties. If you have been charged with an aggravated felony DUI, you must understand the charges against you. An experienced Kane County, IL aggravated DUI defense attorney can help navigate your upcoming legal battle and build a robust defense.

What Does Illinois Law Say About DUI With a Minor in the Vehicle?

Illinois Vehicle Code statute 625 ILCS 5/11-501 states that driving with a blood alcohol concentration (BAC) of 0.08 percent or higher is illegal. Driving under the influence of drugs is also included in this law. The penalties are escalated if a child is in the car when the offense occurs. For a first offense, it escalates from a misdemeanor to a Class 4 felony for aggravated DUI if the child is injured. Even for a first-time offender, the court has little patience for cases that involve potential danger to a child.

What if This Is Not Your First DUI Offense in Illinois?

If you have been charged or convicted of DUI while transporting a child before, the consequences are even more severe. For a second or third offense, the charge could become a Class 2 felony, which can result in up to seven years in prison and a $25,000 fine. The court may order you to participate in treatment for substance abuse as well. 

Habitual offenders can lose driving privileges permanently, and having these offenses on a criminal record can result in long-term issues. Felony charges, especially those involving children, can hinder your ability to find a job or rent an apartment. When the consequences are this severe, you need an attorney to help you strategize a defense.

How Can a Defense Attorney Help if You Are Charged With an Aggravated DUI in Illinois?

A knowledgeable criminal defense attorney will help you navigate a challenging DUI case in several ways:

• They will review the evidence to look for inconsistencies and mistakes the officers made during the investigation.

• They can negotiate to potentially reduce the charges or penalties.

• They understand the laws that govern these cases and will likely see opportunities for the defense that a layperson may miss.

Your attorney is invaluable in strategizing to protect your rights and lessen the consequences. A strong defense may challenge field sobriety and chemical test results or dispute the validity of the evidence against you. In some cases, an attorney can even argue that allegations of impairment are false. Every case is different and requires a thorough assessment to determine the right approach.

Contact an Elgin, IL Aggravated DUI Defense Attorney Today

If you are facing aggravated DUI charges for driving under the influence with a minor in the vehicle, you need to speak with an Aurora, IL aggravated DUI defense lawyer as soon as possible. These are serious charges that can have life-changing consequences if convicted. At The Law Office of Brian J. Mirandola, we will ensure that you understand the charges against you and how you can fight them. Call 847-488-0889 to schedule your free initial consultation right away.