Drivers Under 21




In Illinois, the minimum legal drinking age is 21 years. Licenses for drivers under 21 are issued with a red header and a blue photo background. Effective January 2003 under 21 licenses say "Under 21 Until" ... and "Under 18 Until" .... Under 21 licenses issued prior to January 2003 have a red header above the photo and the words "Under 21." If you are under age 21 and convicted of DUI:
  • the Secretary of State's office will revoke your driving privileges for a minimum of two years. A second DUI conviction will result in a license revocation for a minimum of five years or until you reach age 21, whichever is longer. A third DUI conviction, which is a Class 4 felony, will result in a minimum 10-year revocation. A fourth DUI conviction will result in a lifetime revocation. Your license also will be suspended for conviction of illegal transportation or possession of alcohol.
  • the Secretary of State's office may issue you a restricted license after one year, but under no conditions will an RDP be issued until the age of 16. This license may be used between the hours of 5 a.m. and 9 p.m. or as otherwise provided. It is valid for one year. Then, you would be evaluated again by the Secretary of State's office.
  • you may be fined up to $2,500 and given a jail sentence of up to one year.
  • you may be directed to participate in a Youthful Intoxicated Driver's Visitation Program.

If you are under 21 and are arrested for any traffic violation and found to have a trace of alcohol in your system while operating a motor vehicle, your driving privileges will be suspended for three months. If you refuse to submit to testing, your driving privileges will be suspended for six months. If you are a second offender, your privileges will be suspended for 12 months if you fail or 24 months if you refuse to test. Your suspension begins on the 46th day from the notice date and will not be terminated until you pay the reinstatement fee and your record is updated. If you were suspended prior to age 18, you will be required to successfully complete a driver remedial education course to make your driving privileges valid again. In addition, you may be required to submit to a complete driver's license examination to be re-issued a driver's license. A traffic stop for Zero Tolerance can be upgraded to a DUI arrest depending on test results or a test refusal, at the discretion of the investigating officer.

Any person under the age of 21 that is convicted of illegal consumption, attempting to purchase or possession of alcohol, or accepting an alcoholic beverage as a gift, will lose their driving privileges for one year.


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Posted Thursday, March 22, 2007
Filed in Underage DrinkingIllinois DUI  | Permalink |  Comments (19)
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Posted by edith Perry at 2008-12-02 06:08
my son has two illigal consumption violations. The first one he received while drinking at a friends house. The second in his own backyard. Neither time was he in a car or even near a car He has no moving traffic violations of any kind, not even a speeding ticket. However, his license were suspended for three months for the first violation and then revoked for a year for the second one. He went before an informal hearing officer to try to get his license back, He was elligible for reinstatement August 30 of 2008. He was denied because of, according to the letter, the seriousness of his DUI arrest. He never was arrested for dui only illigal consumption. I asked the Illinois DMV the difference in the penalties for driving and being underage and drinking or drinking in your own backyard, they said the penalty was the same. Is this true? I feel like the DMV got a report that he received the illigal consumption while driving but can't really find out. Are the penalties really the same?
Posted by yoseph schennawy at 2008-12-02 15:34
I was able to quickly find this online about illinois DUI laws
hopefully it's helpful to you,also that article on top tagged
Illegal consumption is useful and it shows that had he been arrested for an "actual" DUI , the revokation would've been considerably longer for a first offense < 2 years > and for a second offense < 5 years > HOWEVER,down here it says the MAXIMUM suspension in your son's case is 1 year!so if they refuse to reinstate it after a year has passed,you might want to look into getting some legal help to make sure the cops didn't screw him over in their report.

Loss of Driving Privileges for Alcohol Violations by Minors
("Use/Lose Laws")

Type(s) of violation leading to driver's license suspension, revocation, or denial:
• underage purchase
• underage possession
• underage consumption

Use/lose penalties apply to minors under age 21

Authority to impose driver's license sanction: discretionary

Length of suspension/revocation:
minimum: 0 days
maximum: 365 days

I know it sounds INSANE to suspend your driver license for a reason that has absolutely NOTHING to do with driving but this is what we've come to in this country! good luck
Posted by kennedy at 2009-02-02 17:10
My son was exactly to the day 2mo shy of his 21st birthday, he was at a home that the cops were called to by the wife in the home because she and her husband were fighting, my son, who had a few beers was ticketed for ILLEGAL CONSUMPTION BY A MINOR, so today just 6 days before he is 21,he is fined 200 dollars, has to spend TWO weekends in JAIL and has 2 years probation, where he is not allowed into any establishment that sells alcohol as its primary source and he is not allowed to buy or possess it? This is his second offence, the other one being when he was 17yrs old. Another person in court today who was at the same home, did not get the same sentence, she got community service and a bigger fine I believe? Anyway, this is in ILLINOIS, it was not the county we live in where other kids his age were ticketed on another night and only had to pay a fine, period. No Probation, No jail time? Is this fair, and if not what should he do about this? Concerned Mother
Posted by Jason at 2009-02-03 16:35
Kennedy,

It sounds like it is too late. You should have hired an experienced attorney. Perhaps you can appeal?
Posted by Ryan at 2009-03-26 14:46
Your son was 20 years old, maybe he should grow up and take responsibility for his own actions and maybe he wouldn't get in any more trouble down the road, not trying to be mean.
Posted by Ashtyn St. Clair at 2011-02-24 13:55
I feel that you need to have a child of your own that gets into trouble. The best kids in the world still fall into bad situation and get into trouble for things that, otherwise, they wouldn't. I would also like to call attention to the fact that you (probably) we drinking at his age. I know that in the past, the drinking age was 19 (college age kids). As a college student I think it is ridiculous that I am afraid to go out at all (not drinking) at my college on the weekend. Cops are getting so out of hand that they don't even need to prove that someone has been drinking before they give a ticked. I know a kid that was at a party DDing and one of his friends asked him to hold his beer. Next thing my friend knows he is getting an underage consumption ticket for holding a beer. He blew 0s and STILL got a ticket. I think that you need to education yourself.
Posted by mary at 2009-04-05 22:37
I just got my third ticket for illegal consumption. All three did not involve a car whatsoever but I'm wondering if my license will be suspended/revoked. My first two ticktes I only had to pay off and it was over with,also I was under 18 my first two times. What will happen the third?
Posted by heather keyes at 2009-04-29 14:44
i got an illegal consumption back in early '08 when i was 16, then a few months later i got my permit. And i had that for 9 months. then in april of '09 i recieved my lisence, then on the 27th of Aprill i was notified that my lisence is getting suspended till Jan 3rd of 2010. i called the secutary of state and they told me to go to the courthouse. i went to the court house and told me to go to the police station, they then directed to the dmv. then they told me lisence is suspended. I have a job and car, i had to pay for dr. ed and insurance and there just now notifing me about it when they could have just told me when i got my permit and i still need to go to school and work, how does this look on the failing economy i can't work to make money to help the economy,WHAT NOW BARRACK, and Rod Blagojevich did he have part in this with all his scamming!!!? Is there anyway i can somehting done about this?!!
Posted by Jake at 2009-08-19 22:15
You are trash and was not going to work anyway. So just enjoy living like a red neck and using tax payers money. you need god.
Posted by haleigh at 2009-05-05 16:13
I'm 15 years old and i was in my friends car who is 16. We got pulled over and got breathalyzers. i blew .03 and had a bottle under my seat. This is illegal consumption and possesion of a minor and i was wondering if i will not be able to get my licence when my 16th birthday comes. I'm guessing i'll get a fine also.just want to be prepared for what the consequences of my actions are. thanks.
Posted by Anthony at 2009-05-08 16:10
I am writing concerning the inefficient manner in which the state of Illinois and the city of Macomb handles underage consumption tickets. I believe that the new law enabling the secretary of state to revoke the driver’s license of individuals who consume or posses’ alcohol underage is not only ineffective but unjust. To revoke a driver’s license for an offence that is unrelated to operating a vehicle is not only unreasonable but irrational. I understand the seriousness and dangers of consuming alcohol but revoking driver’s licenses will not make society safer, therefore we need to reevaluate state policy.

If the state, county officials, and law officers truly cared about making IL safer for all; allowing 20 year olds into bars, and placing undercover police in them will not solve the problem. Rather placing uniformed offices in the bars would deter student from them, in effect lowering the number of underage consumption tickets. Rather than placing police cars in allies behind the bars, try placing them in plain view and see how many tickets are given out. By raiding bars with undercover officers I feel it turns a serious matter into another way for the state to extract money from college students.

I find this law to be a discreditable in that it ignores one of the supreme courts guiding principles: the punishment must fit the crime. It seems to me after speaking to several city attorneys, lawyers, and general public that this law needs to be revised. What gets me is the numerous government employed people that are enforcing issues they do not agree with solely because it’s there job. Personally I would not want a job that involves me enforcing things I know to be wrong. I believe that as intelligent human beings we must evaluate our decisions and act only upon the things we truly believe in.

For those in positions of power regarding this issue I ask you to do what you believe to be right and fair by implementing punishments that fit the crime. If we continue on the path of following orders in which we don’t agree with society is in for a rude awakening.

I personally feel strongly about this issue for the fact that I have had two possession of alcohol tickets while underage, and feel my punishment did not fit the crime. I am a responsible 4.0 student whom has no criminal record. My punishment for possessing a beer twice has amounted to spending a night in jail, over $1000 dollars in fines, one year court supervision, and 9 months suspended license. Not only is this outrageous but I was informed by McDonough county prosecuting attorney that as of January first if you receive a underage consumption ticket you are no longer eligible to apply for a restricted license. Honestly, do you feel this is fair? How do you expect these individuals to pay for their tickets?

Lastly, I hope my letter made an impression, and I hope you take a moment to consider this issue. Thank you for taking the time to read my letter and hopefully you will do your part in improving our laws as well as making our nation safer as a whole. Please act in ways in which you believe to be reasonable and not in ways you not to be unjust.

Posted by Steven at 2009-05-11 22:16
I agree 100%. I was browsing online to find the true penalties for my "crimes" and came across this. I have 2 illegal consumptions. Over $1200 dollars in fines. Losing my license for 6 months. When thats done, I have to pay to get my license back after I gave it to them. This is outrageous. I just got out of highschool and attending college next year. I work part time and pay bills to live. This hurts me in so many ways I dont even want to go into all those details.

The first time I was just being careless and having to much fun which led to getting caught walking around drunk with a drink in my hand, but I was not or did not attend to harm anyone or anything. Second time, first time drinking since my previous ticket; my friend dragged me out of my hole to go drink on spring break and on his girls birthday. I blew a .008 on the breathalizer that night. I am a mature 20 year old that drinks responsible. I always have a DD or I walk to my destination. Do not label me as a criminal or judge me more or less. Like the other person said, the punishment did not fit the crime.

I also live in Macomb, Illinois.

Feels like I've been robbed and scammed, legally.
Posted by chris at 2009-08-16 17:36
my friend got a DUI hes 18 he blew a .15 after they arrested him and brought him to the station. 6 months license suspension and hes taking some drug alcohol classes and has to get drug tested. his lawyer told him that if u blow a .125 or lower the consequences are less severe. some of my friends also got some drinking tickets but didnt get taken to the station or anything. I think a lot of times it depends on the cops and the situation your in. maybe even where you live. One of my friends got completely let off after admiting he had consumed a few beers. him and his girlfriend made up some b.s. and they got away
Posted by sue at 2009-09-28 09:04
My son got and illegal Consumption ticket over the weekend. I not sure what to do. He blew 0.00, nothing at all in his system, but still got a ticket. The police said he was at the party so he was getting the ticket anyway. Any advice. He is 18.
Posted by needing help at 2010-03-04 22:46
i am 15 have my permit and made the mistake of driving with a friend that is 16 and just got her licence. we had a couple of drinks and i had to drive she had more alcohol and wasnt able to drive back. i got stopped for speeding. then arrested for no licence drinking under age and d.u.i.... im going through a lot of stress because i do not know what the penalties for all this will come to... i believe i willnot be able to get my licence when i turn 16, but how much longer will i have to wait to get it?? around how much is the cost for the dui?? and how much is the cost for drinking under age??? i really need advice
Posted by Pat Dalen at 2010-08-25 15:35
My son (20) got stopped for a taillight being out. He was arrested for DUI though he only blew a 0.065. Hi court date is next week - so I don't know if that charge will stick. He also received a Zero Tolerance suspension in the mail. I am OK with the Zero Tolerance - he is underage and should lose his license for 3 months. What I don't understand is the DUI - he doesn't meet the legal requirements for this, unless there are extenuating circumstances. Can anyone help me with this? My lawyer is no help!
Posted by bob at 2011-01-23 14:00
If you are under 21, a DUI is issued if you have and BAC over 0. The .08 law only applies if you are of legal drinking age. Any alcohol level in someone under 21 who is driving is grounds for a DUI
Posted by Kyle at 2010-09-05 13:21
I recieved my first possesion of alcohol ticket in january 2010 out at school in iowa, two months later i got a notice of license suspension for one year. I then had to go to remedial education classes and applied for a work permit. unfortunately i got another possession of alcohol ticket while tailgaiting at our first football game in september of 2010 (again in iowa) does anyone know the laws and how the apply to tickets from out of state, i am an illinois resident.
Posted by Jeff B at 2010-12-30 17:38
I'm in the same boat. I'm an Iowa student and found this out. Luckily you got a letter!!! I got nothing. I just found this out while getting a lost replacement license

Please!!! if you have any new information. PLEASE let me know!

thanks

-Jeff

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