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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

Last modified on

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

Last modified on

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

Last modified on
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