Underage DUI and Zero Tolerance in Will County
Illinois has a zero tolerance law for drivers under 21. If you are arrested and a test shows any alcohol, meaning more than 0.00, your license is suspended for 3 months. A refusal to test brings 6 months. A second suspension is longer. This is separate from a regular DUI charge.
Your deadlines
- Day 46. Your statutory summary suspension starts, counted from the day you got the notice.
- Day 90. The last day to file a petition to rescind that suspension.
What happens next
- An officer arrests you and issues a Uniform Traffic Ticket for a violation of the Vehicle Code or a local ordinance.
- If the officer has probable cause to believe you drank any amount of alcohol, you are asked to take a breath, blood, urine or other test.
- You must be warned that refusing or testing above 0.00 can cost you your license. You are asked to sign that you got the warning.
- The officer sends a sworn report to the Secretary of State.
- The suspension then begins on the 46th day after notice was given to you.
How zero tolerance works
Section 11-501.8 treats a driver under 21 differently from an adult. The adult limit is 0.08. For a driver under 21 the line is any amount over 0.00. The suspension does not need a DUI conviction. It starts from the arrest and the test.
The consent rule is also broader. A driver under 21 is deemed to have agreed to chemical testing if arrested on a traffic ticket and the officer has probable cause that the driver drank any alcohol. The ticket does not have to be for a drunk driving offense. It can be for any Vehicle Code violation.
Suspension times
| Situation | First suspension | Second suspension |
|---|---|---|
| Test shows more than 0.00 | 3 months | 12 months |
| Refusal or failure to complete a test | 6 months | 24 months |
The Secretary of State may issue a restricted driving permit after at least 30 days of a first suspension, and after at least 12 months of a second one. Full privileges do not return until the reinstatement fee is paid and recorded on your driving record. The fee for a zero tolerance suspension is $70. For a driver under 18, the Secretary of State can also require a driver remedial education course and a retest.
Arrested for DUI? Call Jeff now.
The license clock starts the day you get the notice. During office hours, Jeff answers the phone himself.Office hours: Monday to Friday 8:30 AM to 6 PM, Saturday 10 AM to noon. After hours, leave your name, number and the best time to call back.
Jeff McCarthy, Inspired Law Group, 136 E 9th St, Lockport, IL 60441
Zero tolerance versus a DUI charge
| Zero tolerance suspension | DUI charge | |
|---|---|---|
| Alcohol level | More than 0.00 | 0.08 or more, or impairment |
| Starts with | A ticket, probable cause and a test or refusal | An arrest and criminal charge |
| Needs a conviction | No | Yes, for revocation |
One night can produce both. They run on separate tracks, and the outcome of one does not decide the other. That is why Jeff reviews both together.
If you are also charged with DUI
A 0.08 or higher reading, or signs of impairment, can add a regular DUI charge. A conviction at your age brings a longer revocation than an adult gets. The Secretary of State sets the minimum at 2 years for a first conviction if you were under 21. Time already served on a zero tolerance suspension is credited toward a revocation for the same incident.
For a first zero tolerance suspension, the Secretary of State's records are generally private. They can be seen by courts, police, prosecutors, the Secretary of State and you. If you hold a CDL and were driving a commercial vehicle, the rule is different and that suspension is not private. If you are under 18 and hold a permit or graduated license, a parent or guardian can get the report.
How Jeff defends this charge
- He checks the starting point. The officer must have issued a ticket and had probable cause that you drank, before any test was requested.
- He reviews how the test was given, who gave it, and whether it met State Police standards.
- He looks at the warning you were read and whether you were asked to acknowledge it in writing.
- He reviews the sworn report to the Secretary of State for errors.
- He looks at whether a driving permit is available after the first 30 days.
- He explains how a zero tolerance suspension and a DUI charge from the same night interact.
He does not promise a result. He tells you what the record shows.
Sources
Reviewed by Jeff McCarthy, Attorney, Inspired Law Group, 136 E 9th St, Lockport, IL 60441.
Questions people ask about underage dui
Short answers first. Jeff McCarthy reviews every answer on this page.
It suspends the license of a driver under 21 who tests above 0.00 for alcohol after a traffic arrest, or who refuses to test. The statute is 625 ILCS 5/11-501.8.
For a first suspension it is 3 months if you tested above 0.00 and 6 months if you refused. A second suspension is 12 months for a test and 24 months for a refusal.
The Secretary of State may issue a restricted driving permit after at least 30 days of a first suspension, and after at least 12 months of a second one.
A first zero tolerance suspension is private information except while the suspension runs, and except for certain readers and commercial license holders. A DUI conviction is a different matter and has its own consequences.
You may refuse, but a refusal brings a 6 month suspension for a first one. The officer must warn you before asking.
No. It takes effect on the 46th day after the notice of suspension was given.
Keep reading
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Every case comes down to its facts and its deadlines. Talk with Jeff McCarthy so you can:
- Get clear on your legal options.
- Avoid costly mistakes.
- Know what happens next, and when.
