DUI Charges Under the Illinois Zero Tolerance Law – What You Need to Know

Experienced DUI Defense in Illinois – James Dimeas

If you or your child has been charged with a DUI under Illinois’ Zero Tolerance Law, it is critical that you understand your legal rights and options immediately. My name is James Dimeas, and I am a seasoned criminal defense attorney with over 32 years of experience defending DUI cases throughout the Chicago area and across Illinois. I have successfully handled thousands of DUI cases, including complex Zero Tolerance DUI charges involving underage drivers.

This page is designed to give you a comprehensive understanding of how Illinois handles DUI offenses under its strict Zero Tolerance Law, how it differs from regular DUI cases, what consequences you or your child may face, and—most importantly—why hiring the right DUI lawyer can make all the difference.

Understanding DUI Laws in Illinois

Driving Under the Influence (DUI) in Illinois is a serious criminal offense governed by 625 ILCS 5/11-501 of the Illinois Vehicle Code. A DUI charge can be based on driving with a Blood Alcohol Content (BAC) of 0.08% or higher, or for being under the influence of alcohol, drugs, or intoxicating compounds that render a person incapable of safe driving.

Penalties for a standard DUI may include:

• Suspension or revocation of your driver’s license
• Fines and court costs
• Mandatory alcohol education classes
• Community service or jail time
• Installation of a Breath Alcohol Ignition Interlock Device (BAIID)

However, for drivers under 21 years old, Illinois imposes even stricter regulations through the Illinois Zero Tolerance Law.

What is the Illinois Zero Tolerance Law?

The Zero Tolerance Law (625 ILCS 5/6-206(a)(38)) makes it illegal for anyone under the age of 21 to operate a motor vehicle with any trace of alcohol in their system. That means even a BAC as low as 0.01% can result in severe penalties—even if the driver is not legally intoxicated under the standard DUI definition.

This law is part of Illinois’ commitment to reducing underage drinking and promoting road safety. But in reality, it can result in life-altering consequences for young drivers who made a mistake or were simply unaware of how strictly Illinois enforces these rules.

Examples of Illinois Zero Tolerance DUI Cases

Case Example #1:

A 19-year-old college student is pulled over for a broken tail light. The officer detects a faint smell of alcohol and requests a breathalyzer. The student consents and blows a 0.02%. Although far below the adult legal limit of 0.08%, the student is immediately issued a Notice of Suspension under the Zero Tolerance Law. He is not charged with a criminal DUI, but his driving privileges are suspended for three months.

Case Example #2:

An 18-year-old is stopped at a sobriety checkpoint and admits to having “a couple of beers.” A breathalyzer confirms a BAC of 0.05%. In this instance, the driver is charged with both a Zero Tolerance violation and a full DUI because the BAC is over 0.05%. This results in criminal charges, a potential conviction, and a license revocation.

In both cases, the consequences are serious and require immediate legal intervention to mitigate damage to the young driver’s future.

Consequences of a DUI Under the Zero Tolerance Law

For First-Time Offenders:

• License Suspension: 3-month suspension if the underage driver submits to chemical testing and tests positive for alcohol (BAC > 0.00%).
• Refusal to Submit: 6-month license suspension for refusing a chemical test.

For Repeat Offenders:

• Second Offense: 1-year license suspension for testing positive; 2-year suspension for refusing testing.

Additional Consequences:

• Increased insurance premiums
• Ineligibility for scholarships or student housing
• Loss of employment opportunities
• Potential criminal DUI charges if BAC is 0.08% or above
• Mandatory attendance at alcohol education or treatment programs
• Possible community service or court supervision

Why the Zero Tolerance Law is So Harsh

Illinois adopted the Zero Tolerance approach to send a clear message that underage drinking and driving will not be tolerated under any circumstances. But this strict enforcement doesn’t consider the nuance of each individual case. Many young drivers are unaware that even mouthwash or certain medications can lead to a positive test result. Others are caught after consuming a minimal amount of alcohol in a social setting without any signs of impairment.

Fighting a Zero Tolerance DUI – How I Can Help

As an experienced DUI attorney, I know that every case is different, and every client deserves a strong, personalized defense. Here’s how I can help:

1. Challenge the Traffic Stop

Was there probable cause for the stop? If the police officer lacked a valid reason to pull the driver over, any evidence gathered—including breathalyzer results—can be suppressed.

2. Challenge the Breathalyzer or Field Sobriety Tests

Were the tests administered correctly? Were the devices properly calibrated? Were the results contaminated by outside factors like mouth alcohol or medical conditions?

3. Negotiate Alternative Sentencing or Dismissal

For first-time offenders, I may be able to secure court supervision, prevent a conviction from appearing on the record, or negotiate for a reduced suspension or hardship permit.

4. Fight for Reinstatement of Driving Privileges

In some cases, you can challenge the suspension through a Statutory Summary Suspension hearing or apply for a Monitoring Device Driving Permit (MDDP) with a BAIID installation. I will guide you through every step of this process.

Why You Need an Experienced DUI Attorney for a Zero Tolerance Case

Don’t let one mistake derail your—or your child’s—future. A Zero Tolerance DUI may seem minor, but the long-term impact can be devastating. It can follow you through college admissions, job interviews, and professional licensing boards.

As a top-rated DUI attorney recognized by Avvo, and the National College for DUI Defense, I bring proven courtroom skill and relentless advocacy to every case I handle. I understand the local courts, the prosecutors, and the best legal strategies to protect your rights.

What to Do After a Zero Tolerance DUI Arrest

1. Do Not Plead Guilty Without Speaking to an Attorney
2. Act Quickly – You have only 45 days before a suspension begins.
3. Request a Hearing to contest your license suspension.
4. Avoid Talking to Police beyond providing basic identification.
5. Contact a Skilled DUI Attorney Immediately

Call James Dimeas Today for a Free DUI Case Evaluation

If you’re facing a DUI under the Illinois Zero Tolerance Law, don’t take chances with your future. Let an experienced criminal defense attorney fight for you.

📞 Call now for a free consultation: (847) 807-7405
📍 Offices in Schaumburg
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Let me put my experience, knowledge, and reputation to work for you.