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IL DUI lawyerEven though the legal drinking age in the United States is 21 years old, underaged drinking happens all the time. Especially if the minors are not being given proper parental supervision. In Illinois, there is a zero tolerance for underage drinking and driving under the influence . The Illinois Zero Tolerance Law states that anyone under the age of 21 that is caught driving under the influence will lose their driving privileges.

DUI vs. Zero Tolerance Penalties

A driver under the age of 21 who is pulled over for suspected DUI can be issued either a simple DUI charge or a Zero Tolerance charge or both. This decision is made solely by the officer who makes the traffic stop.

The officer makes his or her decision based on the results or refusal of the field sobriety test and the chemical test that is taken on site.

  • According to Illinois law, if a person under the age of 21 is charged under the Zero Tolerance Law, they are punished by:
  • Suspension of driving privileges for three months for first offenders and one year for second offenders.
  • If a Blood Alcohol Content (BAC) Test is refused, driving privileges are suspended for six months for first offenders and two years for second offenders.

If a person under the age of 21 is charged with a DUI, they are punished by:

  • First offense: Driving privileges are revoked for two years.
  • Second offense: Driving privileges are revoked for five years.

Illinois law also holds parents responsible for their minor child’s actions. If a minor is charged with a DUI, the parents or guardian or the child can face criminal penalties.

Can my Driving Privileges be Taken Away Even if I’m not Driving?

If you are under the age of 21 and are consuming alcohol, then you are breaking the law. It does not matter if you are driving or not. If you are caught consuming, purchasing, or possessing alcohol then driving privileges can be taken, according to the Zero Tolerance Law.

Penalties are more severe based on a number of offenses:

  • First offense: Driving privileges are suspended for six months.
  • Second offense: Driving privileges are suspended for one year.
  • Subsequent offenses: Driving privileges are revoked.

Contact an Elgin, Illinois DUI Defense Attorney

Underage drinking charges are serious offenses that can have serious consequences if you do not have an experienced attorney on your side. The lawyers of the Law Offices of Brian J. Mirandola can help build a defense to keep you free from DUI convictions. To schedule a free consultation with a Kane County criminal defense attorney, call 847-488-0889.

 

Source:

https://www.cyberdriveillinois.com/departments/drivers/traffic_safety/DUI/uselose.html

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Aurora, IL Underage Drinking Lawyer

Underage drinking is on the decline nationwide, with only an average of 14 percent of American 12th-grade students stating they binge drink alcohol on a regular basis. Still, thousands of American teenagers take part in underage drinking, which is dangerous for a number of reasons. This includes driving under the influence of alcohol. 

It is also important to understand an illegal consumption charge can come with serious legal consequences. If your son or daughter is charged with underage drinking, it is time to secure skilled legal assistance. 

Underage Drinking Dangers 

Outside of the serious legal trouble that can come with underage drinking, consuming alcohol as a minor is a legitimate health threat. According to the Centers for Disease Control and Prevention (CDC), underage drinking is responsible for an average of 4,300 deaths in the United States every year. Many of these deaths are due to alcohol poisoning, but a large percentage are due to drinking and driving. Drunk drivers under the age of 21 are more likely than any other age group to be involved in an auto accident. Other common health symptoms related to underage drinking include memory problems, alterations in brain development, and potential abuse of other drugs. 

Consequences of Underage Drinking 

Here in the state of Illinois, underage drinking brings a three-month driver’s license suspension if court supervision is ordered or six months for a conviction. Due to the zero-tolerance policy on underage drinking and driving, a teen driver with a blood alcohol content over .01 could face serious criminal punishment. An underage drinking and driving conviction can mean up to a year in jail, a minimum two-year license revocation, and a $2,500 fine. 

Contact an Elgin, IL Underage Drinking Lawyer 

With decades of legal experience, Attorney Brian J. Mirandola knows how damaging an underage drinking charge can be to a child’s future, and will fight to keep a conviction off your child’s record. To schedule a free consultation with a skilled Kane County criminal defense attorney, call our team today at 847-488-0889. 

Sources:

https://www.responsibility.org/alcohol-statistics/underage-drinking-statistics

https://www.cdc.gov/alcohol/fact-sheets/underage-drinking.htm

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Posted on in Underage Drinking

zero tolerance, Elgin DUI defense attorneysAccording to the Illinois State Police, approximately forty percent of Americans will be involved in an alcohol-related crash at some point in their lives. Underage drunk driving accidents account for a large portion of these auto accidents. The need for a proactive approach to underage drunk driving is an ongoing problem.

Legal Consequences of Drinking and Driving Underage

Illinois maintains a "Zero Tolerance" law for drivers who are underage (under the age of 21). This means that a driver who is not above 21 years old who is caught driving with any trace of alcohol in their system can be charged with driving under the influence. Underage drivers do not need to be impaired in order to be charged with a DUI. Put another way, young people who drink and drive do not need to have a blood alcohol level of .08% or above in order to break the law. Legal consequences of a conviction for drinking and driving while underage include loss of diving privileges for a minimum of 2 years, a fine of up to $2500 and possible imprisonment for up to a year for the first conviction. A second underage DUI conviction will result in 48 hours mandatory jail time or 10 days of community service, the loss of driving privileges for a minimum of 3 years, and possible imprisonment for up to a year. A third underage DUI conviction is a class 4 felony. Those convicted face a fine of up to $25,000, a maximum of 3 years of prison time, and the loss of driving privileges for 6 years or more.

The underage individuals who are caught drinking and driving are not the only people affected by the Zero Tolerance Law. Parents who knowingly allow their underage children or children’s friends to drink alcohol in their home can face legal consequences should those children be hurt or killed in an alcohol-related accident. Underage drivers are also not allowed to transport alcohol. Those found with alcohol in their vehicle can be given a fine of up to $1,000 and have their driver’s license suspended.

Legal Guidance for Those Charged Under a Zero Tolerance Law

If you or your child has been arrested for underage drinking and driving, you need an attorney who is experienced, knowledgeable, and ready to fight on your behalf. Contact an Elgin DUI defense lawyer today to discuss your case and explore the possible options. Call 847-488-0889 and schedule a free, confidential consultation at The The Law Office of Brian J. Mirandola.

Sources:

http://www.nhtsa.gov/Driving+Safety

http://www-nrd.nhtsa.dot.gov/pdf/esv/esv23/23ESV-000213.PDF

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Posted on in Underage Drinking

drivers-license-id-fake-drinkingUsing a fake identification card and underage drinking and driving are offenses that often go hand-in-hand. While fake IDs are not always the cause for underage, intoxicated drivers behind the wheel, they significantly increase the number of young drivers able to obtain alcohol, more easily enabling them to drive after they have been drinking. Whether you have been involved in the distribution or carrying of an illegal ID, or have simply used your personal identification to purchase and distribute alcohol to someone under the legal drinking age, you are at risk for a variety of penalties under Illinois law.

Penalties for Possessing and Using a Fake ID

If you are caught using a fake ID, you will face the loss of your driving privileges for up to one year. Additionally, you can be convicted of a Class A misdemeanor or a Class 4 felony if you do any of the following:

  • Lend someone your license;
  • Alter or attempt to alter a license;
  • Display someone’s license as your own;
  • Possess a license that contains untrue information produced by the Illinois Secretary of State or another state or federal government office;
  • Possess a license produced by someone other than a government office; or
  • Own equipment that reproduces government-issued licenses.

Class A misdemeanors are punishable by prison terms of up to one year and fines up to $25,000, while Class 4 felonies may result in anywhere from one to three years of prison time plus fines up to $25,000, resulting in a lot of time and money you cannot get back.

Penalties for Minors Consuming Alcohol

Whether a fake ID is involved in an underage drinking and driving incident or not, if you are at all involved with the distribution of alcohol to individuals under the age of 21, you could face similar penalties. This is especially true if you knowingly allowing underage drinking to happen at any private residence. This Illinois Social Host Law will also earn you a Class 4 felony conviction, prison time, and more fees if serious death or injury occurs because of the incident. Those under the age of 21 who consume, possess, or purchase alcohol may face:

  • Driving privilege suspension for 3 months, or suspension of 6 months with refusal of alcohol testing (first offenses); and
  • One year suspension of driving privileges or two-year suspension with refusal of testing (second offenses)

Regardless of the circumstances surrounding an underage drinking and driving incident, the results are always damaging to a person’s record and reputation and include a combination of financial loss, jail time, and the loss of driving privileges.

If you are facing charges in connection with a fake ID or underage drinking and driving, speak with an experienced Elgin criminal defense attorney right away. Call 847-488-0889 today for a free consultation to ensure your rights are protected in a court of law.

Source:

https://www.illinois.gov/ilcc/Education/Pages/Under21Laws.aspx#fakeID

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Posted on in Underage Drinking

zero tolerance, Elgin criminal defense attorneyUnderage drunk driving accidents comprise a disturbingly large portion of Illinois auto accidents. Despite the dangers, they continue to be a longstanding problem on the roadways as many underage drivers seem to remain unaffected by the facts. According to the Illinois State Police, about two out of every five Americans will be involved in an alcohol-related crash at some point in their lives, making the need for a proactive approach to underage drunk driving an ongoing, urgent matter.

Legal Consequences: The Basics

Illinois maintains a so-called "Zero Tolerance" law in regard to drivers under the age of 21. As the name implies, a driver not of legal drinking age who is found to have any trace of alcohol in his or her system can be charged with driving under the influence, or DUI. One could argue that not every driver in such a situation is necessarily impaired, but the Zero Tolerance law means that proving impairment is not necessary.

The Zero Tolerance law brings an emphasized focus on the fact that the state makes no exceptions for underage driving under the influence. Legal consequences of a conviction for underage DUI include:

  • First Underage Conviction - Loss of driving privileges for a minimum of 2 years, a fine of up to $2,500, plus possible imprisonment for up to 1 year;
  • Second Underage Conviction - Mandatory jail time (48 hours) or 10 days of community service, loss of driving privileges for 3 years or more, a fine of up to $2,500, plus possible imprisonment for up to 1 year; and
  • Third Underage Conviction - A third conviction is considered a Class 4 Felony and includes a fine of up to $25,000, up to 3 years of prison time, plus the loss of basic driving privileges for a minimum of 6 years.

Legal consequences may also extend to any parents who knowingly allow underage indviduals to possess and consume alcohol in their home, should any bodily harm or death occur because of such actions. Even the mere transportation of alcohol by underage drivers is illegal, resulting in a fine of up to $1,000 and driver’s license suspension.

Other Consequences

In addition to criminal and administrative penalties, an underage driver found to be operating under the influence may be required by the court to attend the Youthful Intoxicated Driver’s Visitation Program. Under this program, the offender views the results of DUI crashes and alcoholism at a specific location, which is often a condition of discharge or probation.

If you or your child has been arrested for underage DUI, you need an attorney who is ready to fight on your behalf. Contact an experienced Elgin DUI defense lawyer today to discuss your case and explore your available options. Call 847-488-0889 and schedule a free, confidential consultation at The The Law Office of Brian J. Mirandola.

Sources:

http://www.nhtsa.gov/Driving+Safety

http://www-nrd.nhtsa.dot.gov/pdf/esv/esv23/23ESV-000213.PDF

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