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.
