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.