Underage DUI Lawyer in Chicago
Being under the limit doesn’t prevent a DUI charge. Our underage DUI lawyers can help you navigate the legal process and protect your future.


You finally have your license and the freedom that comes with it. Maybe you are preparing for college, starting a new job, or still figuring out your next steps. Then you have a drink at a gathering, not enough to feel impaired, and on the way home you are pulled over and suddenly facing an underage DUI arrest.
An underage DUI can threaten your license, your education plans, and your future opportunities. If you have been charged with an underage DUI in the Chicagoland area, Kovacevic Law can help you understand what comes next and how to protect your driving privileges. Our Illinois DUI attorneys have guided many young drivers through this process, and we know how to build a defense that gives you the strongest possible chance at a better outcome.
Illinois Underage DUI Law
Illinois DUI laws make it illegal for any driver to operate a vehicle with a blood alcohol content of .08 percent or higher. However, the rules are much stricter for anyone under 21. Illinois follows a zero tolerance policy, which means that if you are underage and have any detectable amount of alcohol in your system, you can face penalties even if you are well under the .08 percent limit.
Illinois Zero Tolerance Rules for Drivers Under 21
Illinois’ zero tolerance statute (625 ILCS 5/11-501.8) applies to anyone under 21 who is driving or in physical control of a vehicle with any trace of alcohol in their system. If an officer has probable cause to believe you have consumed alcohol, the officer can request a chemical test. Illinois implied consent laws state that anyone who chooses to drive has already agreed to this type of testing.
If you take the test and your BAC is above .00 percent, your driver’s license will be suspended. A refusal also results in suspension.
Penalties under the zero tolerance law include:
- A three-month suspension for a first offense if you test positive.
- A six-month suspension for a first offense if you refuse testing.
- A one-year suspension for a second offense if you test positive.
- A two-year suspension for a second offense if you refuse testing.
When Zero Tolerance Becomes a DUI Charge
Zero tolerance penalties are separate from an actual DUI charge. If you are under 21 and your BAC is .08 percent or higher, you will be charged with DUI. You can also be charged with DUI if your BAC falls between .05 percent and .08 percent and there is additional evidence that you were impaired. Examples include poor field sobriety performance, weaving between lanes, or physical signs of intoxication such as slurred speech or bloodshot eyes.
Understanding where zero tolerance ends and DUI begins is important because the consequences are very different. Kovacevic Law can help you determine what applies in your situation and build a defense that protects your license and your future.
For a free legal consultation with a Criminal Defense lawyer serving the Chicagoland area, call (312) 344-3340.
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Frequently asked questions
Do I have to tell my employer about an underage DUI?
Whether you must tell your employer about an underage DUI depends on the type of job you have and the outcome of your case. If driving is part of your work duties, you will likely need to report a license suspension or revocation because it affects your ability to perform the job. Some employers also have policies that require employees to report any criminal charges or convictions.
For jobs that do not involve driving, you may not need to disclose a DUI charge unless your employment contract specifically requires it. Regardless of the situation, it is important to know that a DUI conviction creates a criminal record. This record can appear on future background checks and may influence employment opportunities.
Underage DUI charges can have a long-term impact on education, jobs, and professional licensing. At Kovacevic Law, we understand how these cases affect young drivers, and we take these concerns into account when building a defense strategy designed to protect your future.
Can I get my underage DUI case dismissed?
In many cases, yes you can get your underage DUI case dismissed. There are several legal grounds that can lead to an underage DUI charge being reduced or dismissed. The key is uncovering weaknesses in the evidence or errors in how the stop, testing, or arrest was handled. Some common issues that may support dismissal include:
- The officer did not have reasonable suspicion to make the traffic stop.
- The officer acted outside their authority or jurisdiction.
- Field sobriety or breath tests were not administered correctly.
- Problems with the accuracy or reliability of chemical test results.
- A failure to properly advise you of your rights when you were considered to be in custody.
A dismissal is never guaranteed, but having an experienced underage DUI attorney significantly increases your chances. Kovacevic Law will carefully review every detail of your case and pursue every possible opportunity to challenge the charges and protect your future.
Will I go to jail for an underage DUI?
A first DUI in Illinois is classified as a Class A misdemeanor, which carries a potential sentence of up to one year in jail. For underage drivers, jail time is technically possible, but it is not common unless there are aggravating circumstances. Examples include causing an accident, having passengers who were injured, or other factors that might elevate the charge to a felony.
In most first-offense cases, courts reserve jail sentences for second offenses or repeat offenders or for situations involving clear danger to others. Even so, the possibility of jail time should be taken seriously.
An experienced Chicago DUI attorney in Illinois can often negotiate outcomes that help young drivers avoid jail and, in some cases, avoid a criminal conviction entirely. Kovacevic Law will work to protect your freedom and help you move forward without long-term consequences.
Can I refuse a breathalyzer test if I am under 21?
Yes, you can refuse a breathalyzer test if you are under 21. Any driver can refuse a breathalyzer test, but doing so comes with consequences. For drivers under 21, the stakes are even higher because Illinois follows a zero tolerance policy for alcohol.
If you refuse the test, the Secretary of State will impose a longer license suspension than if you took the test and failed. However, from a criminal defense standpoint, refusing the test can make it more difficult for prosecutors to prove a DUI case. Without a breathalyzer result, the state must rely on the officer’s observations, field sobriety tests, and other subjective evidence, which can often be challenged in court.
Under zero tolerance laws, even a BAC of .01 percent can be used against you. The only time taking the test may help you is if you are absolutely certain that you will register .00 percent. Even small amounts of alcohol from mouthwash, cold medicine, or a drink consumed hours earlier can show up on a chemical test.
If you are unsure whether any alcohol might be in your system, refusing the test is often the safer strategic choice, even though it leads to a longer suspension period.
If you already took the breathalyzer and tested positive, it is still possible to defend the case. Test results can be challenged due to calibration problems, improper administration, or because the police lacked lawful grounds to pull you over in the first place.
The most important thing to remember is that you should speak with an attorney whether you took the test or refused it. What you do next will have a major impact on the outcome of your underage DUI case.
Will an underage DUI affect my college applications or financial aid?
Yes, an underage DUI can have an impact on college admissions, scholarships, and financial aid—but how much it affects you depends on the school and the outcome of your case.
Many colleges ask about criminal charges or convictions during the application process. While a single underage DUI does not automatically disqualify you, it may raise questions about judgment, responsibility, and risk. Admissions committees often look more favorably on applicants who can show that they addressed the situation responsibly, sought legal guidance, and completed any required education or treatment programs.
Additionally, some scholarships and financial aid programs—especially those tied to academic achievement, athletics, or leadership—may require disclosure of criminal offenses. A DUI conviction can also impact eligibility for certain professional programs, such as nursing, education, or law enforcement, because these fields require background checks or state licensing.
The good news is that many underage DUI cases can be reduced, dismissed, or handled in a way that minimizes long-term consequences. Protecting your record early gives you the best chance to keep your academic and career goals on track. Kovacevic Law helps young clients not only fight the criminal case, but also understand how the outcome may affect college, scholarships, and future opportunities.