What Are the Penalties for Underage DUIs?

 Posted on December 04, 2025 in DUI

Driving under the influence (DUI) is prohibited under Illinois law, but drivers under 21 are subject to even stricter laws to deter drinking and driving. If you have been accused of underage DUI, you should know that you face serious criminal prosecution, including the possibility of jail time. In cases like these, a Lake County, IL criminal defense attorney can provide you with aggressive representation to protect your rights.

At The Law Offices of Matthew R. Gebhardt, P.C., we have successfully defended many clients accused of driving under the influence, including numerous dismissals and not guilty verdicts. We will fight for the best possible outcome given the facts of your case, whether it means minimizing the charges or getting the case dismissed altogether.

What Counts as Underage DUI in Illinois?

In Illinois, drivers over 21 can be charged with DUI if they are found to have a BAC of .08 percent or higher while in control of a vehicle. For drivers under 21, this threshold is lowered to .05 percent if there is additional evidence of impairment, like slurred speech or erratic driving.

The BAC limit is not a hard requirement to charge an underage driver with DUI. Any trace of an illegal drug in the driver’s system can trigger criminal prosecution under the state’s DUI statute. Other evidence of impairment, like delayed reactions or difficulty with coordination, can also give rise to an underage DUI charge.

Penalties for Drunk Driving Under 21 in Illinois

In Illinois, a first-time conviction of DUI is a Class A misdemeanor (625 ILCS 5/11-501). This carries a jail sentence of up to a year in jail, a fine of up to $2,500, or both. Felony penalties apply when aggravating circumstances are present, like drunk driving without a valid driver’s license.

Illinois imposes other penalties for drunk driving aside from criminal charges. A DUI conviction will trigger the suspension of your license, but if a driver under 21 is found to have a BAC of above .00 percent on the road, he or she will face an immediate three-month license suspension. Worse, if an underage driver is convicted of DUI, a license revocation will go into effect for two years.

How Can I Defend Against Underage DUI Charges?

Simply being charged with DUI does not mean that you will be convicted. With the help of a skilled criminal defense attorney, you can challenge the prosecutor’s case. Common defense strategies include:

• Questioning the legality of the traffic stop, if the officer did not have reasonable suspicion to pull you over

• Attacking the accuracy of a chemical test due to improper calibration, poor maintenance, or contamination of blood samples

• Challenging the supposed evidence of impairment from the police officer’s observations

A DUI conviction on your record under age 21 can have serious ramifications for your future. We will explore all options to help you avoid long-term hardship, including negotiating for lesser charges or a favorable sentence.

Contact a Gurnee, IL Underage DUI Defense Lawyer

If you have been accused of underage DUI, you need legal representation. Call The Law Offices of Matthew R. Gebhardt, P.C. at 847-239-4703 to set up a free consultation with our Lake County, IL criminal defense attorney.