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Under-21 DUI Law: Use It & Lose It

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What is the highest blood alchohol content a minor can have if driving a motor vehicle?

The answer may be surprising, especially to European-style families that allow teens to responsibly sip a short glass of wine with dinner. But if a minor pulled over by a police officer has more than a .00 BAC (a few sips of wine would do it) then he or she must be ready to kiss that coveted driver's license goodbye.

Otherwise responsible parents may want to familiarize themselves with Illinois' "Use It & Lose It" zero tolerance law, which become effective 14 years ago. The reasonable cause threshold is rather low, so a simple wine stain on the collar would be plenty enough reason for a breathalyzer test (but a Chicago DUI attorney would be able to provide better detail).

The following verbiage is posted on the web site of Illinois Secretary of State Jesse White:

The law permits a law enforcement officer to request a chemical test after a traffic stop and issuance of a citation for any offense, when the officer has probable cause to believe an underage driver has any trace of alcohol in their system. 

If a minor happens to fail the test -- remember, it only takes a small amount -- then the officer signs a sworn statement with the Secretary of State's office and the minor loses his or her license for at least three months (six months for refusing to take a BAC test). Second and subsequent offenses result in a one-year suspension (two years for refusing a BAC test).

Even though some may argue that there's nothing wrong with pouring a small glass of wine for their teenage kids at dinner time -- in fact, familiarity with alcohol may steer young adults away from binge drinking -- it does pose a law enforcement risk in the state of Illinois. All other DUI laws are the same, so even a minor must have a BAC above .08 to be charged with a DUI.





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