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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 DUI

repeat offender, Elgin DUI defense attorneyDriving under the influence has serious consequences that can be long-lasting and affect both your criminal record and your driving record for years. This is true whether it is your first DUI offense or a repeat offense and whether you are of legal drinking age or not.

Underage DUI

Illinois is a zero-tolerance state, meaning that if you are not legally allowed to drink and are found guilty of a DUI, you will automatically have your driving privileges revoked for a minimum of three months. For an underage driver to be charged with a DUI, he or she does not have to exceed the legal blood alcohol content limit of .08 percent that applies to adults age 21 or over. Any percentage of alcohol found in an underage driver’s bloodstream makes him or her susceptible to a DUI charge.

Repeat Offenders and Multiple DUI

The penalties for DUI may also increase depending on how many previous offenses a person has. In some states, advocates are lobbying for repeat DUI charge to be considered a felony charge. In the state of Illinois, statistics do not indicate that the majority of DUI suspects are repeat offenders, though a third offense in Illinois is automatically a felony. In fact, less than 15 percent of all DUIs recorded annually in Illinois were perpetrated by drivers who had a previous record of a DUI. If a person has been found guilty of multiple DUIs, he or she will, however may face penalties that include longer prison sentences and the permanent revocation of his or her driver’s license.

New Laws for Multiple DUI Offenses

In 2016, a new law went into effect in Illinois that could allow four-time DUI offenders to get back on the road. The usual penalty for a fourth offense includes the permanent revocation of the offender’s driver’s license. The new law, however, provides that a four-time offender may apply for a Restricted Driving Permit, but only after five years of the suspension, and only if it can be proved that he or she has abstained from alcohol and drugs for at least three years.

Similarly, a person found guilty of a second or third DUI charge is now required to install a Breath Alcohol Ignition Interlock Device (BAIID) on any vehicle that he or she owns. He or she may not drive any vehicle (including rental cars or vehicles for work) that do not have the device installed. This is required for a full five years in most cases, and failure to comply with the requirement may result in additional time added.

Call Our Office Today

If you have been charged with driving under the influence, regardless of whether it is your first or your fourth offense, we can help. Contact an experienced Elgin DUI defense attorney at The The Law Office of Brian J. Mirandola today. Call 847-488-0889 to schedule your free, initial consultation with a member of our team.

Sources:

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf

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

http://www.today.com/health/some-drunken-drivers-keep-returning-road-despite-repeat-offenses-t9526

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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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