Chicago Criminal Lawyer Blog
In Joliet, a thriving part of the Chicago metropolitan area, law enforcement is vigilant about DUI enforcement, especially when minors are involved. DUI with a minor in the car is an aggravated offense in Illinois, leading to severe penalties if convicted. Understanding the charges and your options is vital if you face this situation.
Aggravated DUI with a Minor in Illinois
Illinois law under 625 ILCS 5/11-501.2(c) treats DUI with a minor as an aggravated charge. This charge is automatically classified as a felony, even for first-time offenders, due to the involvement of a child. A first offense is typically considered a Class 4 felony, while repeat offenses or DUIs resulting in injuries may escalate to Class 2 felonies.
A conviction for aggravated DUI can lead to:
- Up to $25,000 in fines
- One to three years in prison
- A 25-day community service requirement focused on child safety
- Suspension or revocation of driving privileges
The consequences are long-lasting, affecting employment, driving privileges, and even parental rights in some cases. Illinois law takes these offenses seriously to ensure child protection and prevent impaired driving.
Evidence Collection in DUI Cases
In cases involving DUI with a minor, law enforcement relies on multiple forms of evidence. Officers use breathalyzer or blood tests to determine BAC levels. In addition to test results, officers may include dashcam or bodycam footage, officer observations, and field sobriety test results in their report. An attorney will thoroughly review this evidence to identify potential issues or discrepancies.
Potential Defenses in DUI Cases Involving Minors
Several legal defenses may be applicable, depending on the specifics of the case. One defense is challenging the accuracy of the breathalyzer or blood test results. Tests must be properly administered and calibrated to be admissible in court. In cases where tests were improperly conducted, an attorney can seek to have that evidence excluded. Additionally, a lack of probable cause for the traffic stop could lead to a dismissal of charges.
A well-versed attorney can review each aspect of the case, assess the evidence, and determine the best approach for defense. Working with a skilled DUI attorney is essential, as these cases are more complicated and carry greater penalties than standard DUI charges.
Why You Need a Defense Attorney for DUI Charges Involving a Minor
DUI cases involving a minor passenger are taken extremely seriously by Illinois courts. If convicted, the repercussions can impact not only your freedom but your future as a parent and member of the community. An experienced Joliet DUI defense attorney is equipped to fight the charges, protect your rights, and work towards the most favorable outcome possible.
The Law Offices of David L. Freidberg offers the defense you need. With extensive experience defending clients against DUI charges, we’re here to provide dedicated representation. Contact us today for a free consultation 24/7 at (312) 560-7100 or (800) 803-1442. Serving Joliet, Will County, and the greater Chicago area, we’re committed to helping you through every step of the legal process.
