Chicago Criminal Lawyer Blog
Nestled in the bustling northwest suburbs of Chicago, Schaumburg is a thriving community known for its cultural offerings, shopping destinations, and excellent schools. However, like any area, it is not immune to DUI charges, especially those involving a minor in the vehicle. In Illinois, driving under the influence with a minor passenger is treated as an aggravated offense, which means harsher penalties and long-term consequences.
Illinois DUI Law and Charges Involving a Minor
Under Illinois law 625 ILCS 5/11-501, a driver with a BAC of 0.08% or higher is considered legally intoxicated. However, when a minor is in the car, the charge becomes an aggravated DUI, escalating the severity of potential penalties. A DUI with a minor is treated as a Class 4 felony, leading to:
- Fines up to $25,000
- Imprisonment for 1 to 3 years
- Required community service
- Extended license suspension or revocation
Illinois law also stipulates the installation of an ignition interlock device upon the reinstatement of driving privileges. An aggravated DUI offense can have consequences beyond legal penalties, potentially affecting employment opportunities, professional licenses, and personal relationships.
Criminal Offenses and Legal Penalties in Illinois
Criminal offenses in Illinois are divided into categories based on severity, ranging from misdemeanors to felonies. DUI with a minor in the car is treated similarly to other serious crimes, with severe legal repercussions. Assault, battery, and drug crimes, for instance, carry serious penalties under Illinois law. Assault and battery are covered by 720 ILCS 5/12-3, and drug offenses are governed by 720 ILCS 570/401. Domestic violence, another serious offense, is outlined in 720 ILCS 5/12-3.2, and sex crimes, under 720 ILCS 5/11, also have long-lasting impacts.
Each offense requires a specific defense strategy, as Illinois law is complex and each statute includes specific provisions. White-collar crimes, such as theft or embezzlement, may involve complex financial evidence and fall under Illinois theft statutes. Violent crimes and weapons charges also demand unique strategies due to their impact on personal freedom and civil rights.
The Criminal Defense Process in Illinois
The defense process in Illinois begins with the arrest, during which law enforcement collects evidence and files formal charges. Following arrest, the case proceeds through arraignment, discovery, pretrial motions, and trial. During discovery, both the defense and prosecution share evidence, allowing each side to prepare its case.
In DUI cases, law enforcement may gather evidence such as breathalyzer and blood test results, dashcam recordings, field sobriety test results, and witness testimonies. Each type of evidence is susceptible to challenge, especially when collected under circumstances that may infringe on a defendant’s rights.
Types of Evidence Collected and Potential Defenses
Evidence collected in a DUI case often includes breathalyzer results, field sobriety tests, and observations by law enforcement. In cases involving a minor, additional documentation of the presence of the child may also be required. A skilled defense attorney can challenge the validity of the tests or the legality of the traffic stop, creating opportunities to reduce charges or achieve a favorable outcome.
Why You Need a Criminal Defense Attorney in Schaumburg
A DUI conviction, especially one involving a minor, has serious legal and personal consequences. An experienced attorney provides critical support by challenging evidence, negotiating lesser charges, and protecting your rights at each step. The Law Offices of David L. Freidberg has the knowledge and experience needed to handle complex DUI cases in Schaumburg and beyond.
Call The Law Offices of David L. Freidberg For Your Free Consultation
If you or someone you know is facing DUI charges with a minor passenger in Illinois, it is critical to have an experienced defense attorney on your side. The Law Offices of David L. Freidberg has decades of experience successfully defending clients against serious DUI charges in Chicago and the surrounding areas. Contact us today for a free consultation, available 24/7, at (312) 560-7100 or toll-free at (800) 803-1442. We serve clients in Cook County, DuPage County, Will County, and Lake County, and are committed to protecting your rights every step of the way.
