Driving under the influence (DUI) is a serious offense in Illinois, but the consequences become even more severe when a minor is present in the vehicle. Illinois law recognizes this as a form of child endangerment, which can lead to harsher penalties, including increased fines, jail time, and potential loss of parental rights.
Illinois DUI and Child Endangerment Laws
Under Illinois law (625 ILCS 5/11-501), it is illegal to operate a motor vehicle while under the influence of alcohol, drugs, or any intoxicating substance. However, if a minor under 16 years old is in the car at the time of the DUI offense, the driver faces additional charges under child endangerment laws (720 ILCS 5/12C-5). Child endangerment occurs when an individual places a child at risk of physical harm, neglect, or mental impairment. Driving under the influence with a minor in the vehicle is considered an inherently reckless act, as it increases the likelihood of an accident that could result in serious injury or death.
Penalties for DUI with a Minor in Illinois
Illinois has strict penalties for drivers caught operating a vehicle under the influence with a child passenger. The consequences depend on whether it is a first-time or repeat offense and whether any injuries occur.
First-Offense DUI with a Minor Passenger
- Mandatory fine of $1,000
- Minimum 6 months driver’s license suspension
- 25 days of mandatory community service in a child benefiting program
- Up to 1 year in jail
Second-Offense DUI with a Minor Passenger
- Mandatory minimum of 2 days in jail
- Mandatory fine of $2,500
- Additional community service requirements
Aggravated DUI (Injury or Death Involved)
- If the DUI results in a child’s injury, the offense is classified as an Aggravated DUI, which is a Class 4 felony punishable by 1 to 12 years in prison.
- If the accident results in serious bodily harm or death, charges escalate, leading to lengthy prison sentences and potential loss of parental rights.
Impact on Parental Rights and Custody
Beyond criminal penalties, a DUI with a child passenger can significantly impact a parent’s custody rights. If a family court determines that a parent’s DUI history puts a child at risk, the court may:
- Restrict visitation rights
- Require supervised visits
- Mandate drug or alcohol treatment programs
- In extreme cases, revoke custody
If the other parent or a concerned party files a petition, the court may modify custody agreements to prioritize the child’s safety.
Defending Against Child Endangerment Charges
If you are charged with DUI and child endangerment, it is critical to seek legal representation immediately. An experienced attorney may be able to argue that:
- The DUI arrest was unlawful (e.g., improper stop or inaccurate breathalyzer test).
- The driver was not impaired at the time of the arrest.
- The child was not in danger due to the driver’s actions.
If you have any more questions about these kinds of cases and are looking for an attorney near Troy, IL to speak to call Elovitz Law Office today.
