House Bill 1155, also known as the Parental Responsibility Law, went into effect in Illinois on January 1, 2024, with the aim of holding parents and guardians accountable for underage drinking and driving. The legal drinking age is 21-years-old in Illinois. Some parents, however, still allow their teens to consume alcohol, or they do not actively stop them from driving if they suspect they are under the influence. With teenage drunk driving accidents an ongoing problem in the state, Illinois has taken steps to curb underage drinking and driving. The amendments made through House Bill 1155, now codified as 740 ILCS 58/5, changed what happens if a minor crashes a car while driving under the influence of alcohol or drugs.
If your teen faces DUI charges, or you face legal consequences for letting your child get behind the wheel after drinking, contact our Illinois drunk driving lawyer, Terry Dodds, to discuss the best path forward.
Drug or Alcohol Impaired Minor Responsibility Act: Key Takeaways for Parents
Here’s what parents should know about how the Drug or Alcohol Impaired Minor Responsibility Act changed drunk driving liability in Illinois.
Key Takeaways
- House Bill 1155 took effect January 1, 2024. It amended the Drug or Alcohol Impaired Minor Responsibility Act, codified at 740 ILCS 58/5.
- Liability now reaches private homes. The law expanded from non-residential premises to any premises, including residences where adults 18 or older allow minors to consume alcohol or drugs.
- Parents may face civil lawsuits. Victims, and the surviving spouse and next of kin of anyone injured or killed by an impaired minor, can seek damages such as medical bills and lost wages.
- Deadlines and criminal exposure matter. Civil actions under the law must be filed within two years, and parents may also face charges such as contributing to the delinquency of a minor.
Illinois Drunk Driving Statistics for Teenage Drivers
Despite ongoing efforts to reduce these incidents, DUI statistics in Illinois point to underage drunk driving as an ongoing problem. The Illinois Department of Transportation reported that 6% of all drivers involved in fatal accidents across the state were under the age of 21-years-old. Further, among drivers under the age of 21-years-old who were involved in fatal crashes, 19% had a blood alcohol concentration level in excess of the allowed limit for adult drivers.
When Your Teen’s Mistake Becomes a Legal Problem, We Can Help
Few things frighten a parent more than a call about a crash, an arrest, or a lawsuit. It’s normal to feel overwhelmed. Attorney Terry Dodds has protected the rights of people in Bloomington and McLean County for more than 20 years. We’ll listen without judgment, explain what you and your child are facing, and help you plan the next step.
Request A Free ConsultationWhy Is Teenage Drunk Driving Dangerous?
For motorists of all ages, getting behind the wheel while under the influence of drugs or alcohol poses a serious risk. For teens, however, the danger may be even greater.
Teenagers’ brains are still developing, and they often have a desire for thrill-seeking activities. Combined with peer pressure and a lack of understanding of the consequences, teens may be more likely to get behind the wheel after drinking alcohol.
Having less experience driving, teenagers may be more prone to errors in judgment and slower reaction times. The effects of alcohol may enhance their inexperience, putting them at a greater risk of causing a collision.
Understanding House Bill 1155
House Bill 1155 amends the Drug or Alcohol Impaired Minor Responsibility Act, specifically 740 ILCS 58/5. It clarifies the legal liabilities and responsibilities of parents when it comes to their teenage children’s actions involving alcohol and driving. The law expanded liability from only non-residential premises to any premises, including residential properties where parents or other adults over 18 might allow minors to consume alcohol or drugs.
Legal Implications for Parents
The updated Illinois DAMA has several legal implications for parents and guardians of teenage drivers in Illinois. One of the most significant implications is the potential for increased liability if their child is involved in a drunk driving incident.
Under the new law, parents can be held financially responsible for damages or injuries caused by their underage child if it is proven that they knowingly allowed the child to drive under the influence of alcohol. Victims can sue for a boat accident that occurred under the influence, as well as cars and other motor vehicles. Therefore, parents could face lawsuits from victims or those who lost loved ones, and hefty financial penalties, if their child is involved in a drunk driving accident. Through personal injury lawsuits, victims of teenage drunk driving accidents may seek to recover compensation for medical bills, lost wages, pain and suffering, and other economic and non-economic losses resulting from their injuries.
The law also allows the surviving spouse and next of kin of any person who is injured or killed by an impaired person under the age of 18 to pursue legal action for damages. Through personal injury lawsuits, victims of teenage drunk driving accidents may seek to recover compensation for medical bills, lost wages, pain and suffering, and other economic and non-economic losses resulting from their injuries.
Additionally, parents may also face criminal charges for allowing their underage child to drive under the influence. While the specifics of these charges can vary depending on the circumstances of the case, they can include charges of contributing to the delinquency of a minor or even child endangerment.
To protect themselves legally, parents should take proactive steps to prevent underage drinking and driving. To this end, parents may talk to their children about the dangers of alcohol, set clear rules and consequences for alcohol use, and ensure that they do not allow their child to drive if they suspect he or she has been drinking.
By understanding the legal implications of 740 ILCS 58/5, parents can take the necessary steps to protect themselves and their children from the serious consequences of underage drinking and driving. Parents who face legal action under the amendments made by Illinois DAMA should consult with a DUI attorney to discuss their options. Civil actions under this law must be filed within two years.
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Intended Effects of Illinois House Bill 1155
The Parental Responsibility Law is intended to have several effects aimed at reducing underage drinking and driving. Some key intended effects of the bill include:
Increased Parental Supervision
By holding parents accountable for their children’s actions involving alcohol and driving, the bill aims to encourage parents to take a more active role in supervising their children and preventing underage drinking.
Deterrence
The bill is designed to deter underage drinking and driving. It aims to do this by making parents aware of the legal and financial consequences they could face if their children are involved in alcohol-related collisions. In putting more responsibility on parents, the intent is that they will take more active roles in ensuring their children do not drink and drive.
Promotion of Responsible Behavior
By clarifying the legal responsibilities of parents and guardians, the bill seeks to promote responsible behavior among teenagers when it comes to alcohol consumption and driving.
Enhanced Public Safety
Ultimately, the bill aims to enhance public safety by reducing the incidence of drunk driving among teenagers and the associated risks of accidents, injuries, and fatalities.
Overall, Illinois DAMA is intended to protect teenagers, and the public. The law seeks to reduce teenage drunk driving accidents by expanding liability to hold parents and other adults accountable for willfully supplying or allowing consumption of alcohol or drugs to minors. It creates a legal responsibility for adults not to willfully provide or permit minors to consume alcohol. Further, it requires them to take action to prevent their kids from getting behind the wheel if they know or suspect they have been drinking.
Steps to Take if Your Teenager Is Charged With DUI
A DUI charge can have significant effects on your teenager now, and in the future. The arrest and conviction may stay on your teen’s record, affecting things such as their education and residential opportunities. Therefore, you should understand the steps to take if your teen is arrested for driving under the influence.
Seeking Legal Counsel
Hire a DUI attorney who has experience defending minors right away. A legal representative will guide your family through the justice system, and advocate on behalf of your teen.
If you face charges under the Parental Responsibility Law, you should also seek legal counsel. The lawyer representing your teen will likely advise that you hire another attorney to handle your case, but they will generally work closely together to address the charges you both face.
Learning About the Charges
Educate yourself about the charges your teen faces, as well as what affects a DUI charge. It will help you guide your teen, and make decisions, if you understand the potential consequences. You may benefit from learning about the penalties of underage DUI convictions, as well as any alternative sentencing options.
Underage DUI Penalties
The penalties for underage DUI can be serious, and have lasting effects on your teen’s future. The exact consequences of a conviction will depend on factors, such as the circumstances of the case, your teen’s BAC level, and whether your teen has a history of alcohol-related offenses.
If convicted of drunk driving, your teen could face penalties including imprisonment, fines, a driver’s license suspension, and community service. Additionally, the court may order alcohol education or treatment classes, the use of ignition interlock devices, or other such interventions.
Supporting Your Teenager
Just as it is for you, this is an upsetting and frightening time for your teenager. Reassure him or her that you will help them through the legal process, and provide emotional support. If an underlying issue contributed to your teen driving under the influence, use the charges as an opportunity to address it.
Attending Court Hearings
Attend the court hearings with your teen and his or her attorney. Stay informed about the case progress, any developments, and the possible options available to your teen to minimize the impact of the charges.
Hurt by an Impaired Teen Driver?
If you or someone you love was injured by an underage driver who had been drinking or using drugs, you may have options beyond the driver’s insurance. Illinois law can hold adults who supplied the alcohol or drugs accountable, and deadlines apply. Tell us what happened, with no upfront attorney fees to get started.
Let’s Discuss Your CaseComplying With Court Orders
If the court issues orders, make sure that your teenager complies. For example, the court may require your child to attend alcohol education classes, perform community service, or use an ignition interlock device. Help your teen demonstrate commitment to taking responsibility for his or her actions by following these orders.
In addition to the motivation to keep their children safe, House Bill 1155 incentivizes Illinois parents to take a more active role in ensuring their teenagers do not drink and drive. As a parent, you should take the aforementioned steps, and emphasize the importance of responsible behavior behind the wheel, to help protect your child’s well-being, freedom, and futures.
To discuss your child’s case or to review your options if alleged to have allowed your teen to drive under the influence, contact our Illinois DUI attorney, Terry Dodds.
Illinois Parental Liability for Impaired Minors: Common Questions
If you’re trying to understand what the Drug or Alcohol Impaired Minor Responsibility Act means for your family, these answers cover the questions parents ask most.
House Bill 1155, effective January 1, 2024, amended the Drug or Alcohol Impaired Minor Responsibility Act (740 ILCS 58/5). It expanded liability from non-residential premises to any premises, including private homes, where adults 18 or older willfully supply alcohol or drugs to minors or allow them to consume.
Yes, potentially. If an adult willfully supplied alcohol or drugs to a minor, or allowed the minor to consume them on the premises, and the impaired minor then injures or kills someone, the victim or their family may file a civil lawsuit seeking damages such as medical bills, lost wages, and pain and suffering.
A person injured by an impaired minor may bring a claim, and the law also allows the surviving spouse and next of kin of anyone injured or killed by an impaired person under 18 to pursue damages. Civil actions under the Act must be filed within two years, so acting promptly matters.
Hire a DUI attorney with experience defending minors right away. Learn about the charges and possible penalties, attend court hearings with your teen, and make sure they follow any court orders, such as alcohol education or an ignition interlock device. If you also face legal action, you may need separate counsel.
