---
title: "What happens if children are in the vehicle during an Illinois DUI?"
description: "DUI with a child under 16 in the vehicle is a Class 4 felony under 625 ILCS 5/11-501(d)(1)(K) if bodily harm results, or a Class A misdemeanor with mandatory enhanced penalties if no crash occurs...."
url: https://chicagoduilawyer.net/faq-items/what-happens-if-children-are-in-the-vehicle-during-an-illinois-dui/
date: 2026-07-08
modified: 2026-07-08
author: "Chicago DUI Lawyer"
type: faq
lang: en
---

# What happens if children are in the vehicle during an Illinois DUI?

DUI with a child under 16 in the vehicle is a Class 4 felony under 625 ILCS 5/11-501(d)(1)(K) if bodily harm results, or a Class A misdemeanor with mandatory enhanced penalties if no crash occurs. Enhancements include 6 months minimum jail on second occurrence, mandatory community service, and separate child endangerment referral to DCFS. The chicagoduilawyer.net brand also warns of the collateral track: parallel civil investigation can affect custody, visitation, and family court status. Criminal defense strategy must coordinate with family law counsel from the first appearance because a plea entered blind can devastate ongoing custody proceedings.