"Use It & Lose It" and Underage DUI

Automobile crashes continue to be a leading cause of death among young people. Secretary of State Jesse White has addressed this serious problem through special programs and laws such as the “Use It & Lose It” zero tolerance law. “Use It & Lose It” penalties apply to drivers under age 21 who have any trace of alcohol in their systems

• First offense: 3-month driver's license suspension for a BAC greater than .00; 6-month suspension for refusal to submit to or failure to complete testing.
• Second offense: 1-year driver's license suspension for a BAC greater than .00; 2-year suspension for refusal to submit to or failure to complete testing.
• If a commercial driver’s license (CDL) holder receives a zero tolerance suspension, his/her CDL privileges will be disqualifed for 12 months if a first offender and lifetime disqualification for a second offender.

During 2004, 2,694 drivers under age 21 were suspended for driving with BACs of more than .00 percent or for refusing to submit to chemical testing. Additionally, 4,621 underage drivers were arrested for DUI and received suspensions.

Under the “Use It & Use It” law, a police officer may initiate a DUI arrest based on field sobriety tests or additional evidence. The DUI arrest incident may be changed to a zero tolerance offense if warranted by evidence.

From 1986 to 2004, DUI arrests decreased 11 percent for drivers under age 21. This decline can be attributed to many factors, including tougher laws for DUI and fraudulent IDs, youth DUI prevention programs, color-coded driver's licenses and state ID cards and training programs like Operation Straight ID..

• A first DUI conviction results in a 2-year minimum revocation of driving privileges, as opposed to 1 year for a person of legal drinking age.
• First-time DUI offenders are not eligible to apply for a restricted driving permit until the second year of revocation.
• Remedial education and/or retesting may be required prior to reinstatement of driving privileges for those under age 18.

A person under age 21 found guilty of DUI may be ordered by a judge, as a condition of probation or discharge, to participate in the Youthful Intoxicated Driver's Visitation Program. The offender will undergo a comprehensive counseling session prior to visitation to determine if the program is appropriate. If approved, the offender may be sent on a supervised visit to a location where the results of alcoholism or DUI crashes can be viewed.

This edition of the DUI Fact Book is as accurate as possible at the time of publication. This manual does not cover every aspect of Illinois' DUI laws and should not be cited as a legal authority in court.