Illinois DUI Charges with Your Kids in the Car

 Posted on February 25, 2026 in DUI

Illinois law imposes extra penalties when a DUI charge involves a child passenger. If you are in this position, you are probably carrying a lot of worry at once: your child’s safety, your license, your job, and what this could mean for your family. A charge is not the same as a conviction, and there are still ways to respond.

If you are facing DUI charges in 2026, our Deerfield, IL DUI defense lawyer can help you understand what you are facing and take practical steps to protect your rights and your family.

Does Having a Child in the Car Increase DUI Penalties in Illinois?

Under 625 ILCS 5/11-501, if you are convicted of DUI while transporting a child under age 16, Illinois law adds penalties.

Those added penalties may include:

• A minimum fine of $1,000
• At least 25 days of community service in a program that benefits children
• Possible involvement from child protection authorities

These consequences come on top of the standard DUI penalties. Still, the final outcome depends on the evidence, the charge level, and how the case is handled.

Can a DUI With a Child Passenger Become a Felony in Illinois?

In certain situations, yes, this type of DUI can become a felony. Illinois has felony DUI charges known as aggravated DUI. According to DUI law, a case may become aggravated if a child passenger is injured.

Felony cases can bring higher stakes, including longer license revocation and possible prison time. Even so, not every case with a child in the car becomes a felony. The exact facts, including whether there was an injury and what the evidence shows, can change the path of the case.

Knowing the specific charge and what the state must prove is a key first step in building a defense.

Can You Be Charged With Child Endangerment for DUI in Illinois?

In some cases, prosecutors add a separate charge for child endangerment under 720 ILCS 5/12C-5. This is not the same charge as DUI. It is its own allegation, and the state must prove it based on what happened.

If you are facing more than one charge, it can feel like everything is piling on at once. That is normal considering the circumstances. It is also why it helps to slow down, look at what the evidence actually supports, and respond with a clear plan.

What Happens to Your Driver’s License After a DUI With a Child Passenger?

A DUI arrest can trigger a driver’s license suspension under Illinois’ statutory summary suspension law. This can start before your criminal case is finished.

For many parents, the license issue is the most immediate problem. Losing driving privileges can affect school drop-offs, work schedules, medical appointments, and basic daily needs in Deerfield and across Lake County.

Some drivers may qualify for a Monitoring Device Driving Permit, which can allow limited driving with a breath alcohol ignition interlock device. This may help you keep life moving while your case is pending.

Can a DUI With a Child Passenger Affect Child Custody in Illinois?

Family courts focus on safety and a child’s best interests. That means that a judge may consider whether a situation creates risk for the child.

This does not mean you will automatically lose custody or parenting time. Courts usually look at the full picture, including whether the event appears isolated, whether the child was harmed, and what steps you have taken since then.

Handling the DUI case carefully can help reduce the risk of long-term effects on parenting issues.

What Defenses Are Available for DUI Charges Involving Children?

A DUI charge does not guarantee a conviction. The state still has to prove its case. The defense depends on the facts, the stop, and the testing.

Common defenses include:

• Challenging whether the traffic stop was lawful
• Questioning the accuracy of breath or blood test results
• Identifying errors in police procedures
• Challenging whether impairment was proven

A careful review of the evidence can uncover gaps in the case and help you make informed decisions about next steps.

Schedule a Free Consultation With Our Lake County, IL DUI Defense Attorney

At The Law Offices of Matthew R. Gebhardt, P.C., we understand what is at stake in these cases, and we help clients protect their rights, their licenses, and their futures. Attorney Gebhardt previously served as a prosecutor with the Cook County State’s Attorney’s Office and brings more than 30 years of legal experience to every case. His background gives him insight into how prosecutors approach DUI cases, allowing him to build strong defenses and advocate effectively for his clients.

If you are facing DUI charges involving a child passenger, contact a Deerfield, IL DUI defense lawyer today by calling 847-239-4703 to schedule a free consultation.