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IL teen DUI lawyerWhat can happen to a 16- or 17-year-old driver if they get arrested for drinking and driving in DuPage County? In short: A lot. While drivers under the age of 18 have the advantage of being treated as juveniles, rather than adults, in the Illinois legal system, they have the disadvantage that state law is very tough on underage drinking and driving.

Drivers Under Age 18 Go to Juvenile Court

When a minor under the age of 18 is arrested in Illinois, they are processed through the juvenile justice system. By law, the police can only detain 16- and 17-year-olds in a municipal lockup or county jail for a maximum of 12 hours, after which they must either be released to parents or processed for placement in a juvenile facility. If a DUI charge is filed against the juvenile, they can either make a plea deal with the prosecutor or have a bench trial before a judge; juveniles are generally not entitled to jury trials.

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