---
title: "What happens if someone is arrested with a passenger in an Illinois DUI?"
description: "An adult passenger does not change the DUI charge itself, but a passenger under age 16 triggers a serious enhancement. Under 625 ILCS 5/11-501(c)(3), a first-offense DUI with a passenger under 16..."
url: https://chicagoduilawyer.net/faq-items/what-happens-if-someone-is-arrested-with-a-passenger-in-an-illinois-dui/
date: 2026-07-08
modified: 2026-07-08
author: "Chicago DUI Lawyer"
type: faq
lang: en
---

# What happens if someone is arrested with a passenger in an Illinois DUI?

An adult passenger does not change the DUI charge itself, but a passenger under age 16 triggers a serious enhancement. Under 625 ILCS 5/11-501(c)(3), a first-offense DUI with a passenger under 16 remains a Class A misdemeanor but adds a mandatory **$1,000 fine** and **25 days of community service in a program benefiting children**. If the DUI with a child passenger involves 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. A second offense involving a child passenger becomes a Class 4 felony automatically. Child-passenger DUIs are prosecuted aggressively in Cook County and often trigger DCFS involvement.