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dui penalties with children in vehicle

DUI with Child in the Vehicle

 

In 2002, 22 percent of motor vehicle fatalities involving children under age 15 were alcohol-related. Of the children ages 0-14 who were killed in alcohol-related crashes during 2002, more than half were passengers in vehicles with drivers who had been drinking.

 

Illinois has established tougher penalties for those individuals who drive under the influence with a minor child in the car. These penalties include mandatory minimum jail and community service sentences for the driver.

 

PENALTIES FOR DUI CONVICTIONS

Driving with a child under age 16

with BAC of .08 or greater

 

CONVICTIONS

 

PENALTIES                 FIRST                             SECOND                                                            THIRD

Loss of driving

Privileges

Minimum

one year

Minimum 5 years

Minimum 10 years

 

Eligible for

Restricted

Driving Permit

Yes *

Yes, after 1 year.

Installation of a BAIID is required in the driver’s

vehicle for the life of the

RDP.

Yes, after 1 year. Installation

of a BAIID is required

in the driver’s vehicle

for the life of the RDP.

Jail

Mandatory 2

days with possible

0-12 months

imprisonment

If within 5 years,

mandatory 17 days in jail

If within 20 years, considered

a Class 4 felony with

mandatory 90 days in jail

and possible 1-3 years

imprisonment.

Community

Service

Mandatory

Minimum of

100 hours and

5 days in a

program

benefiting

children

If within 5 years,

Minimum 30 days plus

An additional mandatory

10 days in a program

benefiting children.

No

Fines

Minimum

$1,000 fine;

maximum

$2,500 fine

Minimum $1,750 fine;

maximum $2,500 fine

Minimum $2,500 fine;

maximum $25,00 fine

 


 

 


 

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