Illinois’s Zero Tolerance Law imposes strict penalties on drivers under 21 who consume any amount of alcohol, potentially leading to license suspension even without a DUI charge. At Joliet Driver’s License Reinstatement Lawyer, led by Jack L. Zaremba with over 20 years of legal experience, we represent clients in Joliet, Plainfield, Lockport, Romeoville, and surrounding Will County areas facing zero tolerance violations. This law is not a criminal offense unless paired with charges like underage possession, but it can result in significant driving restrictions. Our team helps petition to rescind suspensions and secure restricted permits—contact us today for a free consultation and protect your license in Joliet.
Illinois Zero Tolerance Law
Under Illinois’s Zero Tolerance Law, if a driver under 21 is cited for any vehicle code violation (state or local) in Joliet or Will County, and the officer has reasonable grounds to believe alcohol was consumed, the officer may request a blood, breath, or urine test. If the test shows any blood alcohol concentration (BAC) above .00 or if the driver refuses testing, a license suspension will result. This law aims to deter underage drinking and driving, common in Will County areas like Joliet high schools or local events. Our Joliet attorneys challenge probable cause and test results to avoid or rescind these suspensions.
License Suspension Durations
The duration of the license suspension under zero tolerance in Joliet depends on whether the driver has a previous violation:
- First Offense:
- 3 months suspension if submitted to and failed testing.
- 6 months suspension if refused testing.
- Subsequent Offense (with previous suspension):
- 1 year suspension if submitted to and failed testing.
- 2 years suspension if refused testing.
Notice of suspension is typically given by the police officer at the time of testing, except for blood or urine tests, where notice is mailed after lab results are received. The officer files a notice with the Secretary of State, who sends confirmation to the driver, with the suspension effective 46 days from the notice date. In Will County, these suspensions can disrupt school, work, and life—our firm helps minimize durations through petitions.
Petition to Rescind Suspension
Drivers in Joliet may file a petition to rescind the license suspension with the Office of the Secretary of State (unlike DUI summary suspensions, which are heard in circuit court). Issues considered in the petition are limited to:
- Whether the police officer had probable cause to believe the person was driving on a public highway and committed a traffic violation.
- Whether the person was issued a citation for the traffic violation.
- Whether the officer had probable cause to believe the driver consumed any amount of alcohol.
- Whether the driver was warned of license consequences for taking and failing or refusing testing.
- Whether the driver submitted to and failed testing.
- Whether the alcohol consumption was part of a religious service, ceremony, or prescribed medication.
If consumption was part of a religious service, ceremony, or prescribed medication, the Secretary of State will rescind the suspension. The burden of proof in zero tolerance proceedings rests with the driver, not the Secretary of State. Our Will County lawyers prepare strong petitions, gather evidence, and represent you at hearings to rescind suspensions effectively.
Restricted Driving Permit (RDP)
If the suspension is upheld in Joliet, drivers may seek a Restricted Driving Permit (RDP) during the suspension period by completing:
- An Alcohol/Drug Education Awareness Program and questionnaire prepared by the Secretary of State.
Depending on BAC:
- If BAC is less than .08, complete an Investigative Alcohol/Drug Evaluation and any requirements by the evaluator.
- If BAC is .08 or more, complete a full alcohol/drug evaluation and any recommended treatment.
RDPs allow limited driving for work, school, or medical needs after a hearing proving hardship. In Will County, our Joliet firm handles RDP applications, hearings, and compliance to get you back on the road safely and legally.
Conclusion
Illinois’s Zero Tolerance Law enforces strict rules for underage drivers in Joliet and Will County, with suspensions that can be challenged through petitions and mitigated with RDPs. From understanding the law to securing reinstatement, Joliet Driver’s License Reinstatement Lawyer provides comprehensive support. Serving Joliet, Plainfield, Lockport, Romeoville, and beyond, contact us at jolietdriverslicensereinstatementlawyer.com for a free consultation today.
Disclaimer: This page is for informational purposes only and does not constitute legal advice. For personalized legal assistance, contact Joliet Driver’s License Reinstatement Lawyer at jolietdriverslicensereinstatementlawyer.com.