Chicago Criminal Lawyer Blog
The Serious Nature of DUI with a Minor in the Car
In Chicago, prosecutors take driving under the influence seriously, but when a child is in the vehicle, the case becomes an aggravated felony under Illinois law. The reasoning behind this strict approach is clear: when a minor is in the car, the driver’s decision to operate under the influence exposes that child to potential harm. The Illinois Vehicle Code, under 625 ILCS 5/11-501(d)(1)(J), specifically elevates a DUI involving a passenger under sixteen years old to a Class 4 felony. This means that even a first-time offender who would normally face misdemeanor penalties can face years in prison if a child was present.
In Cook County, police departments throughout Chicago—from Englewood to Lincoln Square—treat these stops as priority arrests. When officers suspect impairment and see a child in a car seat, they immediately call a supervisor to the scene. Breath or blood tests are conducted, the vehicle is impounded, and the driver is booked at the district station before being transferred to the county jail for bond court.
