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The Implications of Driving Under the Influence With a Minor in the Car 

Posted on in DUI Defense

The Implications of Driving Under the Influence With a Minor in the Car In Illinois, more than 27,000 drivers were arrested for driving while intoxicated throughout 2017. If charged, a DUI can come with significant legal ramifications resulting in a mark on one’s criminal record, potential loss of driving privileges, and substantial fines. While any DUI charge should be taken seriously due to the punishments listed above, the charges can be even more significant if a driver is apprehended while a child is in the car. Below, we will take a deep dive into how a minor’s presence in your vehicle can increase the gravity of a DUI conviction

Driving With a Minor While Inebriated

According to Illinois law, there are a number of circumstances that can result in increased criminal punishment in a DUI case. For instance, if a driver is operating their vehicle recklessly (such as driving the wrong way on a one-way road), their DUI charge can be elevated to an aggravated DUI. One of the most common instances leading to more severe criminal punishment is a drunk driver traveling with a minor. 

While a first-time DUI offender’s charge will not be elevated from a Class A Misdemeanor if they are found with a minor (child under the age of 16) in their vehicle, they will face other consequences, including:

  • Six months in prison or 25 days of community service; and 
  • A minimum fine of $1,000.

If the child suffers injuries in the process of the DUI, fines can be as high as $25,000, the offender may face jail time, and the charge will be elevated to a Class 4 Felony. If the driver is charged with their second DUI and has a child in the car, the charges will be elevated to a Class 2 felony, and the driver could face up to three years of jail time.  

Contact an Oak Brook DUI Defense Lawyer

Regardless of the circumstances leading up to your DUI charge, the most important step you can take is hiring an attorney you can trust. At McMahon Law Offices, our skilled attorneys will examine your case and work diligently to represent you in court. A DUI conviction can drastically change a person’s life, due to the long-term impact a charge can have on one’s ability to secure employment or loan opportunities. Additionally, a felony DUI can result in substantial jail time. Recognizing the severity of criminal punishment in these cases, we will do everything in our power to protect your rights. To schedule a complimentary consultation with a skilled Oak Brook DUI defense attorney, contact us today at 630-953-4400.




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