Chicago DUI attorney comments on drinking, not driving, and losing your license

This Chicago DUI attorney has posted here and here about the additional punishment that under-age drinkers can face (no they don’t have to be anywhere near a car).

The Illinois Supreme Court has decided that it’s perfectly acceptable to take away driving privileges of the under-aged who are caught with alcohol.while not being in a car.

June 24, Springfield, IL

 The Illinois Supreme Court, ruling in a case out of Clinton County, says a minor convicted of unlawful consumption of alcohol can have his driver's license suspended or revoked, even if the offense doesn't involve driving.

The court issued the ruling Thursday in the case of Zachary Boeckmann and Chelsey Maschhoff. Boeckmann, now 20, of Bartelso, and Maschhoff, now 20, of rural Carlyle, were charged in 2008 with unlawful consumption of alcohol by a minor.

The two agreed to a sentence of court supervision at the circuit court level but argued that having their driver's licenses revoked or suspended violated their rights to due process and equal protection of the law.

 

 

Associate Judge William Becker in Clinton County placed them on court supervision but declared unconstitutional the law that allows revocation or suspension of a driver's license in such cases.

Becker ruled that a revocation or suspension of driving privileges would be unconstitutional because a vehicle was not involved in the offense.

 

Illinois Secretary of State Jesse White's office appealed the circuit court's ruling to the state Supreme Court.

The Supreme Court, in an opinion written by Justice Thomas Kilbride, said the question is whether the law allowing suspension of driving privileges in such cases is intended as a punishment for the defendant.

The high court said the law's purpose "is to promote the safe and legal operation and ownership of motor vehicles" and is "intended to provide for safe highways, not to punish licensees for underage consumption of alcohol."

 

The law in question took effect in January 2008. It says a minor convicted of unlawful consumption or possession of alcohol faces a six-month suspension of driving privileges. A second conviction for one of those offenses results in a 12-month suspension, and third conviction results in revocation. A minor who is charged with one of those offenses and is placed under court supervision -- which does not result in a conviction -- faces a three-month suspension of driving privileges.

 

The Supreme Court stated in its ruling: "Here, the General Assembly may have believed that a young person who

has a driver's license and consumes alcohol illegally may take the additional step of driving after consuming alcohol. It is reasonable to believe a young person disobeying the law against underage consumption of alcohol may also lack the judgment to decline to drive after drinking. Preventing young people from driving after consuming alcohol unquestionably furthers the public interest in the safe and legal operation of motor vehicles."

Illinois Mothers Against Drunk Driving director Susan McKeigue applauded the ruling.

 

"Driving is a privilege, it's not a right," McKeigue said. "Taking away their driver's license is good prevention, as far as I'm concerned. Having this happen as a young person, it may be a wake-up call to them how serious this is."

So, what do you think?  Should there be a double punishment for consuming alcohol when you are under 21 and not in a car?  Remember, these young people paid court fees and fines for the consumption of alcohol while under the age of 21.  The sentencing judge thought it was unconstitutional to suspend their driver’s licenses.  Please warn your family and friends because there could very well be a rash of Driving While Suspended/Revoked charges for these young people.