“Use It & Lose It” Zero Tolerance Law for Drivers Under 21

Statistics show that underage drinking is on the rise nationally. In 2006, 2,663 Illinois drivers under the age of 21 had their license suspended for having alcohol in their system or for refusing to submit to chemical testing. Additionally, some 4,796 underage drivers in Illinois were arrested for DUI and received suspensions.

Illinois’ “Use It & Lose It” law is targeted at drivers under the age of 21 who have any trace of alcohol in their system, or who refuse to submit to chemical testing. Under the “Use It & Lose It” law, on a first offense, driving privileges will be suspended for 3 months for a Blood Alcohol Level (BAC) of more than .00, or driving privileges will be suspended for 6 months for failure to submit to or complete chemical testing. If the driver holds a Commercial Driver’s License (CDL), their CDL privileges will be suspended for one year.

On a second offense under “Use It & Lose It” law, driving privileges for a BAC of over .00 will be suspended for one year, and refusal to submit to or complete chemical testing will result in a suspension of driving privileges for 2 years. A second offense for a driver holding a CDL will result in a lifetime disqualification on CDL privileges.

What Happens if You are Under 21 and Convicted of DUI?
If you are under the age of 21 and are convicted of first-time DUI offense, your driving privileges will be revoked for a minimum of 2 years. You will not be eligible for a Restricted Driving Permit until the second year of your license revocation. Additionally, if you are under the age of 18, remedial education and/or retesting may be required before your driving privileges will be reinstated.

If you are under age 21, the judge may require you to attend a Youthful Intoxicated Driver’s Visitation Program as a condition of your probation or discharge. You will be required to attend a comprehensive counseling session to determine whether or not this program is appropriate for you. This program may send you on a supervised visit to a location where the impact of a DUI crash or alcoholism may be studied or observed.

Accidents Causing Injury or Death
If you are under the age of 18 and are charged with an offense as a result of an accident in which a passenger was seriously injured or killed, you may be denied a driver’s license or driver’s license renewal by the Illinois Secretary of State’s office.

Parental Responsibility
Parents face fines and possible imprisonment for allowing persons under the age of 21 to consume alcohol. It is important to note that the parents face repercussions for failing to supervise minors or knowingly allowing minors to consume alcohol; parents do not have to supply the alcohol. A parent or legal guardian who knowingly allows persons under the age of 21 to consume alcoholic beverages at a private residence is guilty of a Class A misdemeanor, and faces possible imprisonment of 12 months and a $500-2,500 fine.

If a parent or legal guardian knowingly allows persons under 21 to consume alcohol by failing to control access to a private residence or access to alcoholic beverages in the residence, and bodily harm results to someone as a result of this access, the parent/guardian is guilty of a Class 4 felony. If great bodily harm or death results, the parent/guardian faces possible imprisonment of 1-3 years and possible fines of up to $25,000.

Thanks for reading my blog-I hope you have found this information to be interesting and informative. If you have a question or comment, feel free to post it here, but keep in mind your response will not be confidential. If you are under 21 and have been accused of a DUI offense in the State of Illinois, contact me for immediate assistance.