Areas of Practice
Teens and Driving
Teens & Driving – Moving Violations, Zero Tolerance, DUI
The State of Illinois legislature has enacted strict laws for teenagers. These laws not only affect the driving privileges of teens, but insurance costs for the entire family as well.
Convictions for two moving violations within a twenty-four month period will result in a suspension of driving privileges. Out-of-state traffic tickets are considered for drivers over 21; three convictions within one year will result in the suspension of the teen’s driver’s license
625 ILCS 5/6-206(a)(36)
UNLAWFUL CONSUMPTION OF ALCOHOL BY A MINOR
The Secretary of State has the authority to suspend or revoke driving privileges upon a conviction for unlawful consumption or possession of alcohol by a minor.
625 ILCS 5/6-206(a)(38)
ZERO TOLERANCE FOR ALCOHOL OR DRUGS
An arrest for a moving violation is not required. If an officer suspects the use of alcohol or drugs, then the teen must submit to a test. If any amount of alcohol is present, this will result in a three- month suspension, if it is a first offense. The suspension period is one year for additional offenses. A minor’s refusal to submit to tests results is a six-month suspension, and a two-year suspension for subsequent offenses. Restricted driving permits for school or work are available, but difficult to obtain.
625 ILCS 5/11-501.8
DRIVING UNDER THE INFLUENCE
This is a Class “A” Misdemeanor. If convicted, the teen would face a fine of up to $2,500.00, court costs, an alcohol evaluation and treatment, attendance at a Victim Impact Panel, 364 days (with day-for-day credit to apply) in jail, and a revocation of driving privileges. In this scenario, the teen cannot apply for driving relief until the age of 21. The teen must then maintain Financial Responsibility insurance (SR-22 insurance, and more expensive) for three years. Supervision (a deferred sentence) may also be available, and also includes fines, court costs, an alcohol evaluation and treatment, and attendance at a Victim Impact Panel.
625 ILCS 5/6-206(a)(33)
UNLAWFUL POSSESSION OF A FAKE LICENSE
This offense will result in a one-year suspension or revocation of driving privileges, for mere possession.
625 ILCS 5/6-206(a)(10)
SEAT BELTS AND PASSENGERS
Every driver under age 18 years of age must wear a seat belt. Only one passenger may ride in the front seat, and only as many passengers in the back as the number of seat belts.
625 ILCS 5/12-603
No driver under 18 years of age may drive a car while speaking on a cell phone (hands-free devices included).
625 ILCS 5/12-610.1