David M. Rafferty
David Rafferty & Associates
June, 2006 to present
2006 - present
Illinois State Bar Association
2006 - present
American Bar Association
March, 2001 to May, 2006
Asst. State's Attorney
Prosecutor of the Year
Admitted to Illinois Bar
The John Marshall Law School
College of Rathmines
Master of International Law
University College Dublin
Bachelor of Arts (cum laude)
DUI for drivers under 21
In Illinois, the minimum legal drinking age is 21 years. If you are under age 21 and convicted of DUI:
•the Secretary of State’s office will revoke your driving privileges for a minimum of two years. A second DUI conviction will result in a license revocation for a minimum of five years or until you reach age 21, whichever is longer. A third DUI conviction, which is a Class 4 felony, will result in a minimum 10-year revocation. A fourth DUI conviction will result in a lifetime revocation. Your license also will be suspended for conviction of illegal transportation or possession of alcohol.
•the Secretary of State’s office may issue you a restricted license after one year, but under no conditions will an RDP be issued until the age of 16. This license may be used between the hours of 5 a.m. and 9 p.m. or as otherwise provided. It is valid for one year. Then, you would be evaluated again by the Secretary of State’s office.
•you may be fined up to $2,500 and given a jail sentence of up to one year.
•you may be directed to participate in a Youthful Intoxicated Driver’s Visitation Program.
If you are under 21 and are arrested for any traffic violation and found to have a trace of alcohol in your system while operating a motor vehicle, your driving privileges will be suspended for three months. If you refuse to submit to testing, your driving privileges will be suspended for six months. If you are a second offender, your privileges will be suspended for 12 months if you fail or 24 months if you refuse to test.
Your suspension begins on the 46th day from the notice date and will not be terminated until you pay the reinstatement fee and your record is updated. If you were suspended prior to age 18, you will be required to successfully complete a driver remedial education course to make your driving privileges valid again. In addition, you may be required to submit to a complete driver’s license examination to be re-issued a driver’s license. A traffic stop for Zero Tolerance can be upgraded to a DUI arrest depending on test results or a test refusal, at the discretion of the investigating officer.
A person under age 21 found guilty of DUI may be ordered by a judge, as a condition of probation or discharge, to participate in the Youthful Intoxicated Driver's Visitation Program. In this case, you will undergo a comprehensive counseling session prior to visitation to determine if the program is appropriate. If approved, you may be sent on a supervised visit to a location where the results of alcoholism or DUI crashes can be viewed.
If you were suspended prior to age 18, you will be required to successfully complete a driver remedial education course to make your driving privileges valid again. In addition, you may be required to submit to a complete driver’s license examination to be re-issued a driver’s license.