My 19yr old put her car in a ditch and called 911. When the officer arrived he asked her if she had been drinking she said yes and submitted to a field sobriety test that she passed then was asked to take a breathalyzer. She blew .128. She was given a improper lane usage ticket and a non traffic complaint and notice to appear which wil be at our county courthouse. She also received a zero tolerance warning to motorist under 21 and a zero tolerance sworn report which we were told we would have to go to springfield to court. Will she pay fines in county and again at state and will she be charged with a DUI. This is her first offence.
They may or may not charge DUI> Some cops give them a break.
I have also had more than one cop say (wrongly) you can't charge someone under 21 with DUI. Only ZT.
You don't go to court for a ZT charge. There is no fine or other criminal penalty for ZT.
This is a first offense and she blew. She will be suspended for 3 months. She can come to Springfield if she wants to have a Sec of State hearing.
She can have a formal hearing to contest the ZT on 7 specific grounds. These cases are hard to win because you are dealing with the SOS, not a court concerned with fairness.
She can come to any informal hearing officer (the closest one to you is probably Springfield and ask for a permit. She first has to come here and obtain a ZT study guide. Then she has to pass a test based upon the study guide. Once she passes, she must obtain an investigative drug and alcohol evaluation and complete any treatment requirements. Then she has an informal hearing where she is questioned about her alcohol history and use. If they are happy with her answers and if she shows undue hardship, about 8 weeks after the hearing she will receive a decision and it will be another 2 weeks before she obtains the permit.
By the way regardless of the decision, the first 30 days of her suspension she cannot drive. So basically you are going through the process to receive a permit for 2 months, half of which you will spend waiting for a decision.
In may carer I have done well over 2000 SOS hearings. I have never done a ZT hearing because as you can see, it's more trouble than it's worth.
Her blood alcohol content was high enough for a DUI even for a grown up. Yeah, she's going to be charged with a DUI. Get a good DUI lawyer locally who can help try and minimize the damage.
Any comments offered are not intended as legal advice. This attorney does not know the specifics of the particular case sufficiently to offer legal advice. You should hire a lawyer who can evaluate the details of your specific situation before offering advice.
If this case was in CA, she would likely be charged with a DUI even if she was under 21. Things in IL may be different, and appear to be based on Ted Harvitan's answer above. He answers a lot of questions on this website. If your daughters case is in an county that he handles, I would recommend contacting him for a formal consultation to discuss the case in detail and to fight the charges (whatever the end up being). Alternatively, you should consult a DUI attorney in your area to defend her in this matter.
Legal disclaimer: This message does not constitute legal advice and is for informational purposes only. This message does not establish an attorney-client relationship, which can only be established once a retainer agreement has been fully executed between you and this firm.
Sign up to receive a 3-part series of useful information and legal advice about DUIs.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline