Illinois Zero Tolerance Penalties

What are the suspension periods for drivers under 21 who violate the zero-tolerance law?

1st failure of testing: 3 months

1st refusal: 6 months

2nd failure of testing: 1 year

2nd refusal: 2 years

Source: 625 ILCS 5/6-208.2

Jeremy Richey

5 Responses to “Illinois Zero Tolerance Penalties”

  1. 1 taylor July 15, 2011 at 5:51 pm

    actually i recieved a zero tolerance citation and blew over the limit thinking i was only going to lose it for 3 months. I even recieved court supervision and the state sent me one suspension for three months, and then the last week of serving my suspension time, they sent me another 3 months suspension. stating that ” i violated two laws” when i was drinking at 20 years old instead of 21. The laws for underage drinking are very grey and need to be cleared up because it is very deceiving.

  2. 2 Jeremy July 16, 2011 at 6:32 pm

    It is indeed possible to receive a zero-tolerance suspension and then receive another suspension if you plead guilty or are found guilty of a minor-consumption charge. You were correctly told that these were two separate laws. As a lawyer, I understand these laws, but I agree that they are confusing for people that don’t work with them regularly.

  3. 3 George E. Bourguignon, Jr. July 18, 2011 at 9:29 pm

    Younger people are vulnerable to poor counsel by being poorly informed of the ramifications of criminal charges and of simply not being told what is happening or could happen. Kids need advocates when facing these issues.

  4. 4 George E. Bourguignon, Jr. July 18, 2011 at 9:31 pm

    I am assuming the zero tolerance means people under 21 are not allowed to have had anything to drink when driving. So what is the limit, technically?

  5. 5 Jeremy July 19, 2011 at 8:57 pm

    The limit is .0. A zero tolerance suspension will result if the minor is above a .0.

    But, the criminal DUI limit is still .08 … and, if the driver is impaired, it is still possible to get a DUI even if under .08!

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Jeremy J. Richey, Attorney at Law
© Jeremy J. Richey and The East Central Illinois Criminal Law & DUI Weblog, 2008-2012. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited.