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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.

Published July 8, 2026 | Chicago DUI Penalties