Driving Under the Influence

Zero Tolerance/Underage Drinking

Driving is perhaps the ultimate statement of independence for a teenager. But having a driver's license is a privilege that comes with responsibility.

Under Illinois' "Use It & Lose It" zero tolerance law, drivers under 21 who are caught with any trace of alcohol in their systems will lose their driving privileges. They can also be charged with DUI if they have any trace of other drugs or have a blood-alcohol content (BAC) of .08 or above, or in excess of .05 with additional evidence proving impairment.

By drinking and driving, you stand to lose more than your driver's license - you could lose your life. Automobile crashes are the No. 1 cause of death among young people and nearly half are alcohol-related.

Facts about Use It & Lose It

• Illinois' "Use It & Lose It"/zero tolerance law became effective on January 1, 1995. It set the acceptable blood alcohol concentration (BAC) level for drivers under the age of 21 at .00.
• The law permits a law enforcement officer to request a chemical test after a traffic stop and issuance of a citation for any offense, when the officer has probable cause to believe an underage driver has any trace of alcohol in their system. After administering such tests, the law enforcement officer submits a sworn statement to the Office of the Secretary of State and the offender's driver's license is suspended.
• The administrative driver license suspension periods are:
  First Offense:
  3 month suspension for registering any alcohol level above .00.
  6 month suspension for refusal or failure to complete a BAC test.
  Second and Subsequent Offenses:
  1 year suspension for registering any alcohol level above .00.
  2 year suspension for refusal or failure to complete a BAC test.
• Any person under age 21 who receives court supervision for the transfer, possession, and consumption of alcoholic liquor will have their driving privileges suspended for a period of three months.
• There are exemptions for the consumption of alcohol in the performance of a religious service or for using a prescribed/recommended dosage of medicine.
• Persons under the age of 21 also can be charged with a DUI, if they have a BAC of .08 or greater, any illegal drugs in their systems or other indications of impaired driving.
• Illinois law prohibits a person under the age of 21 from purchasing, accepting, possessing or consuming alcoholic beverages. Infractions result in the suspension or revocation of driving privileges.
• All 50 states and the District of Columbia have zero tolerance laws for drivers under the age of 21.

Youth Fatal Crash and Alcohol Facts

"Use It & Lose It" Penalties

Test Failure

• First violation: 3 month suspension for registering any alcohol level above .00.
• Second violation: 6 month suspension for refusal or failure to complete a BAC test.

Test Refusal

• First violation: 1 year suspension for registering any alcohol level above .00
• Second violation: 2 year suspension for refusal or failure to complete a BAC test.

Full driving privileges may not be restored until all applicable reinstatement fees are paid to the Office of the Secretary of State.

Under 21 DUI Penalties

Any person under age 21 who receives court supervision for the transfer, possession, and consumption of alcoholic liquor will have their driving privileges suspended for a period of three months.

First Offense

• Loss of driving privileges for a minimum of 2 years.

Second Offense

• Loss of driving privileges for a minimum of 5 years.

Other Consequences

Aside from the loss of driving privileges, possible fines and jail time, other consequences caused by drinking and driving may include high insurance costs, mandatory alcohol evaluation and treatment, court and attorney fees and negative long-term effects on your driving record and job opportunities.

Chemical Testing

The law permits a law enforcement officer to request a chemical test after a traffic stop and issuance of a citation for any offense, when the officer has probable cause to believe an underage driver has any trace of alcohol in their system. After administering such tests, the law enforcement officer submits a sworn statement to the Office of the Secretary of State and the offender's driver's license is suspended.

Driving While Suspended

For drivers over age 16, a restricted driving permit (RDP) may be issued after a portion of the suspension period has passed, to relieve undue hardship. It may allow driving for specific employment, educational or medical purposes.

Exceptions

There are exemptions for the consumption of alcohol in the performance of a religious service or for using a prescribed/recommended dosage of medicine.

Illegal Transportation

It is illegal to transport alcoholic beverages in the passenger area of a vehicle. No matter whom the alcohol belongs to, everyone in the vehicle can be charged with illegal transportation. If you are driving the vehicle, your driving privileges will be suspended for 12 months for the first offense. A second offense will result in the revocation of your driving privileges and vehicle registration.

Parental Responsibility

Parents should know that it is a Class 4 Felony, with a possible imprisonment of 1-3 years and a fine of up to $25,000, to knowingly allow individuals under 21 to drink in their home if great bodily harm or death results from this action.

Curfews

State law establishes 10 p.m. weekday and 11p.m. weekend curfews for persons under age 18.

Contact Us

For more information on the Secretary of State's alcohol education programs, contact:
Traffic Safety Division
2701 S. Dirksen Parkway
Springfield, Illinois 62723
Phone: 1-866-247-0213
TTY: 1-800-252-2904

Sources:
National Highway Traffic Safety Administration
Office of the Illinois Secretary of State
Traffic Safety December 2007