Chicago Criminal Lawyer Blog
Facing a DUI charge in Illinois is already a stressful and high-stakes experience. But when a child under the age of 16 is in the vehicle at the time of the stop or arrest, the entire case takes on a much more serious tone. Under Illinois law, a DUI involving a minor passenger can result in enhanced criminal penalties, longer license suspensions, and even felony charges in some circumstances. The presence of a child changes how prosecutors approach the case, how the courts evaluate risk, and how sentencing is handled—even for people with no prior record.
For drivers arrested in Chicago or anywhere in Cook County, the consequences of this type of DUI go far beyond fines and jail time. A conviction can impact child custody, employment, immigration status, and more. Even if the child was unharmed and the driver’s blood alcohol concentration (BAC) was just over the legal limit, Illinois imposes mandatory enhancements that make the outcome far more severe than a standard first-time DUI.
If you or someone you care about is facing this kind of charge, it’s critical to understand the law, the consequences, and how hiring the right defense lawyer can make all the difference.
Chicago Drivers Charged With DUI and a Minor Passenger: How the Law Applies
Illinois law sets specific penalties for DUI offenses involving children. According to 625 ILCS 5/11-501(c)(3), a driver who is convicted of DUI while transporting a passenger under the age of 16 faces enhanced sentencing, including mandatory minimum penalties that the judge cannot waive.
On a first offense, the DUI is still classified as a Class A misdemeanor, but the penalties increase. The judge is required to impose:
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A minimum $1,000 fine, and
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A minimum of 25 days of community service in a child-focused program
This is in addition to any jail time or other conditions normally associated with a standard DUI.
If there is a second DUI, or if the child is injured during the incident, the case becomes a felony. A DUI resulting in bodily harm to a child becomes an Aggravated DUI, which is a Class 4 felony. Penalties include:
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1 to 3 years in state prison
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Fines up to $25,000
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Mandatory license revocation
A third DUI or greater while transporting a minor can be charged as a Class 2 felony, which carries a sentencing range of 3 to 7 years in prison, and potentially longer if other aggravating factors are present.
The court must also consider whether to refer the case to the Illinois Department of Children and Family Services (DCFS), especially if the child is your own or was placed in your care.
Arrest Process in Illinois DUI Cases Involving Children
DUI cases in Illinois involving minors typically start with a traffic stop. Police may pull over a driver for speeding, lane drifting, or another violation. Once the officer detects the smell of alcohol or observes slurred speech, bloodshot eyes, or fumbling, a DUI investigation begins.
If the officer notices a child in the car—either in the backseat, a booster seat, or a front seat without a seatbelt—the situation escalates. The officer will note this in the report, and enhanced DUI charges will be considered during the booking process. Most DUI arrests in Chicago include the use of dashcam and bodycam footage, which prosecutors later review when deciding how to charge the case.
During the stop, officers may request a roadside breath test (PBT) and perform field sobriety tests. If you’re arrested and brought to the station, you’ll be asked to submit to a chemical test—a breathalyzer, blood, or urine test. Refusing this test results in a statutory summary suspension of your license, even if you aren’t ultimately convicted.
The presence of a child in the vehicle is likely to be highlighted in the police report and considered during bond hearings. Conditions of release may include alcohol monitoring, curfews, no driving, or supervision requirements if you are the child’s parent or guardian.
The Consequences Extend Beyond Criminal Penalties
Drivers accused of DUI with a minor in the vehicle often expect jail time or a steep fine—but the consequences go far beyond the courtroom. A conviction under these circumstances can also have a direct effect on:
Parental Rights and Custody
If you are involved in a family law case or custody arrangement, the other parent may use the arrest or conviction to request a modification to visitation or parenting time. Even if there is no open custody case, DCFS may initiate an investigation into your fitness as a parent.
Employment and Licensing
Many employers conduct criminal background checks. A conviction for aggravated DUI involving a minor can lead to termination or a rescinded job offer. People who hold professional licenses in education, healthcare, childcare, or transportation may be subject to disciplinary action.
Immigration Consequences
If you are not a U.S. citizen, a DUI conviction—especially one involving child endangerment—can lead to immigration consequences, including denial of naturalization, visa revocation, or deportation proceedings.
Driver’s License Revocation
For first-time offenders, license suspension can last for several months. For felony DUI convictions, full revocation may occur, requiring a formal hearing before the Secretary of State to get driving privileges reinstated.
These secondary consequences are just as important as the jail or fine. That’s why experienced legal representation is critical—not just to fight the charges, but to protect your future.
Defense Strategies in DUI With Minor Cases
While these cases are serious, they are not impossible to defend. A skilled DUI defense lawyer will evaluate the facts and build a strategy based on the weaknesses in the state’s case. Possible defenses include:
Unlawful Traffic Stop
If the initial stop was not based on reasonable suspicion or valid legal grounds, all resulting evidence—including test results—can be suppressed. This can lead to full dismissal of the charges.
Improper Field Sobriety or Chemical Testing
Police must follow strict protocols when administering breath or blood tests. If procedures weren’t followed, or if the equipment was not properly maintained, the results may be challenged.
No Proof of Actual Impairment
Just because someone has alcohol in their system does not mean they are impaired. Medical conditions, anxiety, and fatigue can mimic the signs of intoxication. Video footage can often contradict an officer’s subjective observations.
No Proof of Age or Relationship
In certain cases, there may be ambiguity about whether the passenger was under 16, or whether the defendant had knowledge of the child’s age. While rare, this can become a relevant issue in defense arguments.
Violation of Constitutional Rights
Statements obtained in violation of Miranda rights, or searches made without probable cause or consent, can also be challenged and excluded from the case.
Why You Should Never Face These Charges Without a Lawyer
A DUI involving a child in the car is one of the most sensitive and aggressively prosecuted types of charges in Illinois. These cases are taken personally by many judges and prosecutors, and sentencing can be severe—especially when the state believes a child was endangered.
Even if you believe the evidence against you is strong, it is always in your best interest to hire an attorney. A qualified criminal defense lawyer can examine the details of your arrest, challenge the evidence, negotiate with the prosecutor, and possibly reduce or dismiss the charges altogether.
If you’re dealing with your first offense, an attorney may be able to negotiate for supervision or alcohol education in lieu of jail or conviction. If your case involves a felony charge, they may be able to reduce the charge to a misdemeanor or secure probation instead of prison.
Call Now for a Free Consultation with an Illinois DUI Lawyer
If you’ve been detained during a DUI stop in Chicago or anywhere in Illinois, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling DUI cases in Illinois. Our firm is available 24/7 to provide the legal defense you deserve.
Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We’re available 24/7 to serve clients throughout Illinois, Cook County, DuPage County, Will County, and Lake County.
If you were stopped for DUI in Illinois, call the Law Offices of David L. Freidberg. We’ve successfully challenged countless illegal traffic stops and helped clients avoid DUI convictions.
