Being charged with DUI in Illinois is serious on its own — but if you’re arrested for driving under the influence with a child in the vehicle, the situation becomes much more severe. Illinois law imposes enhanced penalties for drivers who operate a vehicle while impaired with a passenger under the age of 16. In many cases, this leads to felony charges, mandatory jail time, and long-term consequences that can affect your career, license, and reputation.
Understanding how the law treats DUI cases involving children — and what to expect if you’re facing this charge — can help you prepare your defense and protect your rights.
Illinois Law on DUI With a Minor Passenger
Under 625 ILCS 5/11-501(d)(1)(J), a person who is convicted of DUI while transporting a child under the age of 16 faces aggravated penalties — even if it’s a first-time offense. The law views this as a significant risk to the safety of the child and punishes it accordingly.
Here’s how the law applies:
- A first-time DUI with a child passenger can still be charged as a Class A misdemeanor, but it includes mandatory penalties, including additional jail time, fines, and community service.
- If the child passenger is injured, the offense is upgraded to a Class 4 felony, which is punishable by 1 to 3 years in prison and fines up to $25,000.
- A second DUI involving a child passenger is also considered a Class 4 felony, regardless of whether there’s an injury.
These enhanced penalties are in addition to the standard DUI penalties for license suspension, ignition interlock requirements, and mandatory alcohol education.
Mandatory Minimum Penalties
For a first DUI with a child in the car, the court is required to impose:
- A minimum fine of $1,000
- 25 days of community service in a program benefiting children
These are in addition to any jail time, license suspension, or court supervision requirements that may apply.
If the case is upgraded to a felony due to injury or a repeat offense, the penalties increase sharply and can include prison time, longer license revocation periods, and permanent felony records.
Aggravated DUI in Illinois
When a DUI charge is elevated to an Aggravated DUI, the stakes rise dramatically. Aggravated DUIs are felony offensesin Illinois and carry serious consequences beyond standard DUI charges.
A conviction for an aggravated DUI means:
- A felony on your criminal record
- Longer license revocation
- Ineligibility for court supervision
- Higher fines and potential imprisonment
Felony convictions can also affect professional licenses, immigration status, housing opportunities, and job applications.
Child Endangerment Charges
In addition to DUI, you may also face a separate charge of child endangerment under 720 ILCS 5/12C-5. This law makes it a criminal offense to knowingly cause or allow a child to be placed in circumstances that endanger their life or health.
A first offense is typically a Class A misdemeanor, punishable by up to 364 days in jail and a fine of up to $2,500. However, if the child is injured, or if it’s a repeat offense, child endangerment can be charged as a Class 3 felony.
Being charged with both DUI and child endangerment can significantly increase your exposure to jail time, fines, and long-term consequences.
License Suspension and Revocation
If convicted of DUI in Illinois, your license will be suspended or revoked depending on your prior history. With a child in the car, you may also face restrictions on regaining your driving privileges — such as the requirement to install a BAIID (Breath Alcohol Ignition Interlock Device) or participate in intensive alcohol education programs.
A DUI conviction involving a child can also affect custody or parental rights if the other parent petitions the court for a change in parenting time or decision-making responsibilities.
How a DUI Defense Attorney Can Help
Facing a DUI with a child in the car is one of the most serious DUI-related charges you can encounter in Illinois. Prosecutors often pursue these cases aggressively, especially if a child was placed in danger or injured.
A criminal defense attorney can:
- Challenge the legality of the traffic stop and arrest
- Examine whether proper procedures were followed during testing
- Argue that impairment was not properly established
- Fight to reduce the charges or seek alternative sentencing options
- Advocate for eligibility for supervision or treatment programs
Your attorney can also work to keep the case from being elevated to a felony, especially if this is your first DUI and no injury occurred.
Call The Law Offices of David L. Freidberg If You’re Facing DUI Charges Involving a Child
If you’ve been charged with DUI while transporting a child in Illinois, you need experienced legal representation immediately. These charges carry serious penalties that can change your life. The Law Offices of David L. Freidberg has decades of experience defending DUI charges throughout Chicago and surrounding counties.
Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We serve clients in Cook County, DuPage County, Will County, and Lake County, and we’re ready to protect your rights and your future.