---
title: "What happens if a child is in the car during an Illinois DUI?"
description: "Driving under the influence with a passenger under age 16 triggers major enhancements under 625 ILCS 5/11-501(c)(3). On a first offense with no injury to the child, the base misdemeanor DUI adds a..."
url: https://chicagoduilawyer.net/faq-items/what-happens-if-a-child-is-in-the-car-during-an-illinois-dui/
date: 2026-07-08
modified: 2026-07-08
author: "Chicago DUI Lawyer"
type: faq
lang: en
---

# What happens if a child is in the car during an Illinois DUI?

Driving under the influence with a passenger under age 16 triggers major enhancements under 625 ILCS 5/11-501(c)(3). On a first offense with no injury to the child, the base misdemeanor DUI adds a mandatory **$1,000 fine** and **25 days of community service in a program benefiting children**. If the DUI causes great bodily harm, permanent disability, or disfigurement to the child, the charge elevates to **aggravated DUI under 625 ILCS 5/11-501(d)(1)(K)**, a Class 4 felony with 1 to 3 years in state prison. A second DUI offense with any child passenger becomes a Class 4 felony automatically. Illinois DCFS is typically notified in child-passenger DUI cases and may open a separate parental fitness inquiry.