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Zero Tolerance and Underage DUI
Illinois has numerous laws in place to discourage underage drinking and driving. These laws apply differently depending on whether a young driver is stopped with any trace of alcohol in their system or is charged with driving under the influence (DUI). For individuals under 21, the legal consequences can include suspensions, revocations, and other penalties, even when the blood alcohol concentration (BAC) is well below the legal limit for adults.
Illinois law increases the severity of penalties based on the level of alcohol involvement for drivers under the age of 21. A Zero Tolerance violation can occur when any amount of alcohol is detected in an underage driver’s system, even without signs of impaired driving. In contrast, an underage DUI charge can occur if there is a higher blood alcohol concentration, the presence of drugs, or additional evidence of impairment. A DUI conviction carries more serious consequences than a Zero Tolerance violation, including possible criminal penalties.
Wirth Law provides legal representation and guidance for individuals under 21 who are facing suspensions or revocations related to alcohol and driving. Our firm offers representation for underage DUI cases and Zero Tolerance suspensions, while also helping clients navigate the license reinstatement process. In the sections, we answer commonly asked questions relating to Zero Tolerance, Underage DUI, and the Illinois driver’s license reinstatement process for revoked drivers with an underage offense.
What is the Zero Tolerance Law in Illinois?
The Illinois Zero Tolerance Law applies specifically to drivers under the age of 21. Under this law, if a law enforcement officer has probable cause to believe an underage driver has consumed any amount of alcohol, a chemical test can be requested—even during a routine traffic stop. If the test detects any amount of alcohol above a BAC of zero, the driver’s license will be suspended.
The Zero Tolerance Law does not require signs of alcohol impairment or intoxication. The focus of a Zero Tolerance violation is strictly whether an underage driver has any presence of alcohol in their system. The penalties for a Zero Tolerance violation include:
- First offense with testing: 3-month suspension of driving privileges
- Second offense with testing: 1-year suspension
- Refusal to submit to testing (first violation): 6-month suspension
- Refusal to submit to testing (second violation): 2-year suspension
The suspension takes effect when the arresting officer submits a sworn report to the Secretary of State. This administrative action is separate from any court proceeding and can begin before any formal traffic ticket or underlying court case may be resolved.
How Does the Zero Tolerance Law Differ from a DUI Charge?
In Illinois, a DUI charge is more serious than a Zero Tolerance violation. A Zero Tolerance violation is an administrative penalty that is solely concerned with any presence of alcohol while an underage person is driving. A DUI charge arises when a driver shows signs of impairment or intoxication. For individuals under 21, a DUI may be charged when:
- The driver has a BAC of 0.08 or higher, or
- The driver has any amount of illegal drugs in their system, or
- The driver exhibits signs of impaired driving, regardless of BAC
A DUI charge will lead to criminal court proceedings to determine guilt or innocence of the offense. If convicted of a DUI, an Illinois driver will have their driver’s license revoked in Illinois. Unlike a suspension, a driver’s license revocation is for an indefinite term. A revoked driver must successfully attend an Illinois Secretary of State hearing to request driving privileges in the future.
Penalties for an Underage DUI Charge
Illinois law imposes enhanced penalties for DUI convictions involving individuals under the age of 21. These penalties can have long-term consequences on a person’s driving record and may affect future employment or educational opportunities, depending on the circumstances. For driver’s licensing purposes, underage DUI penalties include the following:
First DUI conviction (under 21): Minimum 2-year revocation of driving privileges. An underage person is in “hard time” for the first year of revocation but may request a hardship permit for the second year of underage DUI revocation.
Second DUI conviction: Minimum 5-year revocation
If a person under 18 is convicted of DUI and their driving privileges are suspended or revoked, they may be eligible only for limited forms of driving relief. These cases are evaluated individually, often requiring significant documentation and proof of hardship or necessity.
License Reinstatement After Underage DUI
Restoring driving privileges after an underage DUI conviction involves the completion of various requirements. Once eligible is eligible for driving relief, a revoked driver may request a hearing with the Secretary of State to pursue driver’s license reinstatement. Some examples of requirements for reinstatement after underage DUI include:
- Submission of a current alcohol/drug evaluation
- Evidence of treatment or education, if recommended by the evaluation
- Successful completion of a formal or informal hearing, depending on the case
- Payment of reinstatement fees
- Passing any applicable driving tests (i.e. written, vision, and road tests)
Prior to attending a driver’s license reinstatement hearing, an underage driver should enlist the services of an experienced driver’s license attorney in Illinois. These hearings are complex. The above summary provides examples of common hearing requirements, but it is not exhaustive. It is essential to have a qualified attorney evaluate the facts of a specific case.
Hardship Permits Before Reinstatement Eligibility
For persons who are revoked for an underage offense, an option may be available to apply for a hardship permit. This form of restricted driving permit allows driving under specific conditions when the loss of driving privileges causes significant hardship—such as preventing access to school, work, medical care, or family responsibilities. To request a hardship permit, the Secretary may require the following:
- Participation in an administrative hearing
- Proof of hardship, such as an inability to reach necessary destinations without driving
- Submission of a drug/alcohol evaluation
- Completion of a recommended education or treatment program
- Successful attendance at a traffic safety school course, when applicable to the offense
In general, hardship permits are granted after successfully attending a hearing and demonstrating undue hardship for a specific purpose, such as driving to work or school. Approval of a hardship permit is at the discretion of the Secretary of State based on the submitted evidence and testimony of the revoked driver.
License Suspension or Revocation for Other Underage Alcohol-Related Offenses
Illinois law can also penalize younger drivers for possessing or consuming alcohol, as well as illegally transporting alcohol in a vehicle. An underage person may face a driver’s license suspension or revocation, depending on the nature of the offense, as well as whether they have prior offenses involving similar conduct.
Illegal Transportation of Alcohol
In Illinois, it is illegal for individuals under the age of 21 to transport alcohol in a vehicle, regardless of whether the container is open or sealed. A first offense results in a 12-month suspension of the driver’s license, while a second offense leads to a minimum one-year revocation of driving privileges. Additionally, all occupants of the vehicle, including passengers, can be fined up to $1,000 for illegal transportation of alcohol.
If an underage driver is convicted of illegal transportation of alcohol, the Illinois Secretary of State may impose a 12-month suspension of their driver’s license for a first offense. A second offense results in a minimum one-year revocation of driving privileges.
If court supervision is granted instead of a conviction, an underage person may have their driver’s license suspended for a three-month period. While court supervision can prevent a conviction from appearing on a criminal record, the associated driver’s license suspension will still appear on a driving abstract.
Purchase, Possession, or Consumption of Alcohol
In Illinois, individuals under 21 who purchase, possess, receive, or consume alcohol while inside a motor vehicle face significant consequences to their driving privileges. A first conviction results in a six-month license suspension, while a second conviction leads to a twelve-month suspension. Additional offenses may result in the revocation of driving privileges.
Even when court supervision is granted instead of a conviction, a three-month suspension still applies if the offense occurred in a vehicle. These penalties are intended to deter underage alcohol use, especially when it involves a motor vehicle.
Wirth Law: Free Consultations
Wirth Law is an Illinois driver’s license reinstatement law firm with offices in Chicago and Naperville, serving clients throughout the greater Chicagoland area. The firm regularly assists individuals in Cook, Will, Kane, Kendall, Lake, Kankakee, Dekalb, and Winnebago Counties, offering dedicated representation to those facing complex driver’s license suspension or revocation issues. Wirth Law also represents out-of-state residents who have an Illinois hold on their driving privileges, helping clients across the country navigate the process of clearing their Illinois record so they can drive legally again.
Our practice is known for its exceptional client service and strong record of success in DUI defense and license reinstatement matters. Jennifer Wirth, managing attorney, has received multiple awards recognizing her commitment to client advocacy, including perfect “10” ratings on Avvo and Justia, the Martindale-Hubbell Client Champion Award, and selection as one of the top DUI defense attorneys in Chicago by Expertise.com. Her approach to legal representation is grounded in professionalism, compassion, and an in-depth understanding of Illinois Secretary of State hearing procedures.
At Wirth Law, every client is treated with respect and care. Our firm prioritizes clear communication, ensuring that individuals fully understand their legal options so they can make informed decisions about their case. Whether dealing with a first-time suspension or a more complex revocation after multiple DUIs, clients can expect honest guidance and skilled representation throughout the reinstatement process.
Wirth Law offers free consultations, affordable flat fees, and payment plan options through Affirm to make legal services more accessible. To schedule a consultation, contact Wirth Law at (312) 761-8290 or email jennifer@wirthlaw.org.