Q: Is driving a right or a privilege?

A: It is a privilege that the state can regulate.

Q: Are my parents liable for my accidents after I turn 18?

A: Generally, no.

Q: Do I have to buy car insurance?

A: Yes. Anyone who owns a motor vehicle registered in Illinois must insure against liability for collision.

Q: What happens if I’m stopped for drunk driving?

A: Before making an arrest, the officer might ask you to perform field sobriety tests (such as walking a straight line) or to take a preliminary breathalyzer test. You may refuse to take these tests without penalty.

Things change, however, if the officer places you under arrest. An arresting officer may request a breath, blood or urine test, whichever he or she chooses. In this case the officer must tell you that:

1. You are considered to have consented to the test.
2. If you refuse to take the test, or take it and have a blood alcohol level of 0.08 or more, your license will be suspended (this is called a statutory summary suspension.)
3. You may have a test of your choice at your expense in addition to the one given by the police.

If you take a test and show a blood alcohol level of 0.08 or more, the officer will issue you a ticket, called a notice of statutory summary suspension, take your license and tell you that after a 45-day waiting period your license will be suspended. You can request a hearing to fight the suspension. If you do not request a hearing, your license will be suspended for either:

1. Three months starting 46 days after your arrest for a first offender
2. One year if you are not a first offender

The definition of a first offender can be somewhat technical so you should consult a lawyer if there is any question.

If you refuse the test, the officer will give you a notice of statutory summary suspension. You can request a hearing to fight the suspension. If you do not request a hearing, your license will be suspended for either:

1. Six months starting 46 days after your arrest for a first refusal
2. Two years for a refusal if you are not a first time offender

You can get a similar penalty if you have any trace of marijuana or a controlled substance in your body while operating a motor vehicle. You can request a hearing to challenge the test result.

Q: What are the penalties for drunk driving?

A: For the first offense, penalties may include:

• Up to $1,000 fine
• Up to one year in jail
• Community service work
• License revocation for at least one year
• Mandatory evaluation by an alcohol treatment agency
• Alcohol treatment or counseling
• Payment for damage you caused

These penalties can be given in any number of combinations (for example, jail time, fine and an evaluation.) The amount of fines and the jail and revocation periods can increase for repeat offenses.

Q: If my license is suspended or revoked can I get a permit to drive to work or school?

A: If your license is suspended or revoked, you may be able to get limited driving privileges if you:

1. Have a job, or are in school, or need medical treatment and
2. You must drive to get there

The license will only be good for certain hours and for certain areas or routes. This privilege is conditional. In some instances you can apply to the court for driving privileges; in other cases, you have to apply to the Secretary of State.

Q: Do Illinois drunk driving laws apply only to cars and trucks?

A: No, they also apply to motorcycles, mopeds, snowmobiles, boats, water skis and aquaplanes.

Q: If my license is revoked, how do I get it back?

A: If your license has been revoked for any reason, you must apply to the Secretary of State to get it back. You will have to meet varying conditions to get your license back, depending on why it was revoked. For example, if your license has been revoked for DUI, you have to:

1. Be evaluated for alcohol or drug problems
2. Successfully complete a rehab or alcohol and drug education program
3. Appear in front of a Secretary of State hearing officer to apply for your license
4. Show proof of your financial responsibility (generally, proof that you have insurance)
5. Pay a reinstatement fee (currently $60)
6. Pass the driver’s license examinations and pay the license fee

Q: Is it illegal to allow someone under the influence to drive my car?

A: Yes, if you know the person is under the influence. If convicted, you can be fined up to $1,000 and given a jail sentence of up to one year.

Q: What is "illegal transportation"?

A: It is illegal for anyone to drink alcohol in a vehicle except passengers on chartered buses and motor homes. It is also illegal to have alcohol in the passenger area of a vehicle if the container has been opened. If convicted, you may be fined up to $500. If it is a second offense within one year, your driving license will be suspended for one year. The age of 16 remains the age at which a person may apply for a driver's license, if a driver's education was successfully completed, but Effective January 1, 1998, a Graduated Licensing System, became law (P.A. 90-369, SB 350, approved August 13, 1997).

The Secretary of State has issued a "Parent/Teen Handbook" which contains "teen driving facts and attitudes," IDOT - Division of Traffic Safety, July, 1997, Reg. #728YTH0104.

*At a parent's request, any driver under the age of 18 may have his/her driving privileges revoked by the Secretary of State at any time and for any reason.

To download the full Becoming a Legal Adult Booklet, please click here.