1. Dear
Judge Tony: A drunk driver recently
killed my little brother. Can you tell me what my family
can expect to happen when the case goes to court?
Both
the prosecution and defense will exchange information, i.e.
police reports, medical reports, blood alcohol results.
The defendant has the choice of either pleading guilty or
contesting the charges by way of a trial. The defendant
also has the right to elect either a bench trial or a jury
trial.
Back To Panel
2. Dear
Judge Tony: A drunk driver killed
my aunt in 1995. The guy that killed her only got 7 years
in jail even though before the accident he had a whole list
of drunk driving and many other violations. How can a guy
like this get such an easy sentence?
Reckless
Homicide (Class 2) provides sentences ranging from probation
to 3-14 years in the penitentiary. Many people would agree
with you that the maximum sentence of 14 years is not adequate.
Back To Panel
3. Dear
Judge Tony: What are as of today
the usual sentences of convicted drunk drivers who kill
someone?
I
have seen sentences ranging from 5 to 7 years for first-time
offenders; and as much as 14 years if there are aggravating
factors involved. Under the current law, probation is also
a possible sentence.
Back To Panel
4. Dear
Judge Tony: Is there anything we
can do in our community to change the laws so drunk drivers
who kill someone get a stricter punishment?
You
can contact your local legislators, join SADD [Students
Against Drunk Driving] or contact programs affiliated with
high schools and colleges and collect petitions to present
to the lawmakers.
Back To Panel
5. Dear
Judge Tony: Do you have any idea what
the penalty could be for getting caught hosting a party
where underage guests were drinking?
Penalties
usually range from fines of $500 to $1,000 and may also
include, probation or supervision depending on the background
of the offender and the surrounding circumstances. Such
hosts may also find themselves subject to civil lawsuits
which can be very costly to defend and can possibly result
in further monetary penalties.
Back To Panel
6. Dear
Judge Tony: What is the most common
penalty for an underage offender caught with alcohol in
his/her possession with intent to consume?
Supervision,
alcohol education classes through Traffic Safety School
and a fine up to $500 are frequently imposed penalties for
a first time underage offender.
Back To Panel
7. Dear
Judge Tony: How long is the average
first time DUI offender in jail? How long to repeat offenders
usually have to spend in jail?
Sentences
for DUI offenders vary depending on the facts of the case;
however, repeat offenders may serve 6 months to a year in
jail.
Back To Panel
8. Dear
Judge Tony: What laws are there to
prevent underage drinking?
Laws
which carry various penalties including fines, treatment,
supervision, probation and even jail sentences depending
on the facts of the case have been designed to prevent underage
drinking.
Back To Panel
9. Dear
Judge Tony: Is there a difference
between a DUI and a DWI? Is one more severe than the other?
No.
Both DUI And DWI refer to the crime of driving under the
influence of drugs or alcohol.
Back To Panel
10. Dear
Judge Tony: Can a person be charged
with a DUI even if their BAC came back under the legal limit?
My B.A.C. was tested at .07.
YES.
Back To Panel
11. Dear
Judge Tony: Can a person be arrested
for walking around town high, but not having any drugs with
them?
No,
unless you violate a law while walking around high.
Back To Panel
12. Dear
Judge Tony: How long does an underage
drinking offense stay on your record if you were charged
with it when you were 18?
Indefinitely.
You need to apply for expungement of your record. The process
differs from state to state.
Back To Panel
13. Dear
Judge Tony: Is
it illegal for a minor to transport or carry alcohol if
the container is closed? And if so, what is the penalty
for this?
Yes
it is illegal for a minor to possess alcohol. The penalty
for this can include a revocation of permit or license and
possible fine.
Back To Panel
14. Dear
Judge Tony: What year was the legal drinking age
changed from 18 to 21?
The
legal drinking age was changed to 21 on January 1, 1980.
Back To Panel
15.
Dear Judge Tony: I have a friend who went to a party
with his kids, preceded to drink to much and , like an idiot,
drove in his car with his children. He was arrested, and
charged with 3 counts of Child Endangerment. His B.A.C.
was 2.5 at the time of arrest. Do you have any idea what
the penalty could be for this?
For
a first child endangering conviction the sentence can be
a maximum of 364 days in jail or a $1,000 fine. The minimum
would be a period of probation. A second or subsequent violation
is a felony carrying a maximum penalty of two to five years
in the penitentiary.
Back To Panel
16.
Dear Judge Tony: A few months ago I received probation
before judgement on a D.W.I. What exactly does this mean?
Did I get convicted, and will this ever appear on my record
as a criminal charge?
It
depends on where you live. In the state of Illinois probation
is a conviction and will appear on record as a criminal
charge. You must comply with every condition of your probation
sentence or risk a probation violation, which can carry
a maximum sentence of 364 days in jail and a one thousand-dollar
fine.
Back To Panel
17.
Dear Judge Tony: I recently found
out that my best friend, who is 16 years old, frequently
drinks at a local bar with some of her older friends. We
are all very upset that the proprietor allows this to happen
and would like to know what we can do about it. What would
happen to the bar if we reported this, and who exactly should
we report it to? Thanks.
Report
this violation to your local police department. You could
also report this to the Liquor Control Commission if you
have such a commission in your area.
Back To Panel
18.
Dear Judge Tony: I’m
at Penn State university and was caught with an open container
and, being under 21, was written a citation. I was very
honest and cooperative with the policeman. It was my first
offense ever, including driving violations. What do you
think will happen?
For
this type of first offense you will probably be fined and
required to attend classes.
Back To Panel
19.
Dear Judge Tony: My son was
in a house at the New Jersey shore, when they cops knocked
on the door. They said that the kids had to let them in,
and that it was against the law not to let them in. Is this
true? My son was cited for possession of alcohol. He wasn’t
asked to take a breathalyzer or any other test to determine
if he was drunk. He was just written a citation. The cops
couldn’t determine if he was drinking or not.
Depending
on the information which the police had prior to knocking
on the door, failure to open the door could be unlawful.
Back To Panel
20.
Dear Judge Tony: If you are at a party where there
is alcohol and you are underage, can you get in a trouble
if the police show up and bust the party? Can an underage
person get in trouble for being at a party with alcohol
even if he or she is not drinking?
You
can be arrested if you are underage and attending a party
where alcohol is served.
Back To Panel
21.
Dear Judge Tony: Two
of my friends were recently killed by a drunk driver who
was 21. What do you think will
happen to a driver in the state of South Dakota?
In
South Dakota vehicular homicide is a Class 3 Felony. Upon
conviction for one
count of vehicular homicide, the defendant can be sentenced
to a maximum of fifteen years
imprisonment in the state penitentiary and fined $15,000.
Back To Panel
22. Dear
Judge Tony: How
many teens were killed in U.S. because of drunk driving?
In
1994, 16,589 persons died in traffic crashes in which alcohol
played a part.
Nearly 300,000 persons were injured in alcohol-related crashes.
Young adults are
responsible for 50% of all drunk driving crashes. (Source:
"Alcohol Involvement
in Fatal Traffic Crashes 1994" NHTSA Tech Report from
1996)
In
1993, the female fatality rate per 100,000 population was
approximately 18%.
Male fatality rates per 100,000 population was approximately
43%. (Source: "Traffic
Safety Facts 1993" NHTSA)
Back To Panel
23. Dear
Judge Tony: Why
is it that I at 18, I can buy a hand gun, vote, join the
military and die for my country, get married and be judged
as an adult - but it is still illegal for me to drink? What
makes 21 the magic number for being able to drink alcohol?
I’m 20 and plan to drink on my birthday, but I will
have someone else drive for me. Isn’t this age discrimination?
When
the voting age was lowered to 18, many states lowered their
drinking age as well. In recent years, all states have reversed
this, and motor vehicle accident rates have declined. Young
adults ages 21-34 are responsible for more than half of
all the alcohol-related fatal crashes. They also have the
highest blood-alcohol concentration in fatal crashes. Law
makers have taken these facts into consideration and for
public safety reasons are allowed by law to set the legal
drinking age at 21. This is not a case of age discrimination
since the law allows different rules when the safety of
the community is at risk.
Back
To Panel
24. Dear
Judge Tony: Does
the law punish parents if their kids keep getting arrested
for DUI?
Depending
on the facts of the case, parents may under the law, suffer
economic sanctions for children arrested for DUI.
Back To Panel
25.
Dear Judge Tony: I
am a second time offender of legal consumption of alcohol
by a minor. What can possibly happen? I was driving, but
the officer only gave me consumption and transportation.
If you
are convicted the Secretary of State shall immediately revoke
your license or permit upon receiving a report of your conviction.
625 ILCS 5/6-205 The loss of driving privileges can last
a year or more at the discretion of the Secretary of State.
Back
To Panel
26.
Dear Judge Tony: What
can happen to you if you are a minor and you have an open
container with you in your car and are pulled over? Can
I go to jail?
A passenger
in a vehicle with open alcohol can be subject to a fine
up to $500.00. An underage driver convicted of operating
a motor vehicle with open alcohol in the vehicle, upon conviction
can lose driving privileges for at least one year.
The Secretary
of State is authorized to suspend or revoke the driving
privileges of any person without preliminary hearing upon
a showing or the person’s records or other sufficient
evidence that the person driving was less than 21 years
of age on the date of the offense and was convicted of transportation
or possession of alcoholic liquor in an open container in
a motor vehicle. 625 ILCS 5/6-206.
Back
To Panel
27.
Dear Judge Tony: I am a second offender of
illegal consumption of alcohol by a minor. What can possibly
happen? I was driving but the cop didn't give me a zero
tolerance, only consumption and transportation. I am in
Illinois.
If you
are convicted the Secretary of State shall immediately revoke
your license or permit upon receiving a report of your conviction.
The loss of driving privileges can last a year or more at
the discretion of the Secretary of State.
Back
To Panel
28.
Dear Judge Tony: What happens if you are riding
(not driving) and you got beer in the truck? What could
happen to the passenger and to the driver – both underage
and legal age, please.
A passenger
in a vehicle with open alcohol can be subject o a fine of
up to $500. An underage driver convicted of operating a
motor vehicle with open alcohol in the vehicle, upon conviction
can lose driving privileges for at least one year.
The Secretary
of State is authorized to suspend or revoke the driving
privileges of any person without preliminary hearing upon
a showing of the person’s records or other sufficient
evidence that the person driving was less than 21 years
of age on the date of the offense and was convicted of transportation
or possession of alcoholic liquor in an open container in
a motor vehicle.
Back
To Panel
29.
Dear Judge Tony: If
members of a fraternity have a party in a house unrelated
to the fraternity and three members are cited for serving
alcohol to minors, is the entire chapter of the fraternity
liable?
Depending
on the facts of the case, under some circumstances a legal
argument can be made that the fraternity may be liable.
Any person
shall be guilty of a Class A misdemeanor where he or she
knowingly permits a gathering and knows that persons under
the age of 21 are in possession or are consuming any alcoholic
beverage.
The maximum
penalty for a Class A misdemeanor is a fine of $1,000 and
364 days in jail.
Back To Panel
30.
Dear Judge Tony: How do you determine
what sentence you are going to give the drunk driver? How
harsh is your normal punishment?
Before
sentencing, I consider all facts in aggravation and mitigation.
I also listen very closely to various treatment programs
for purposed of addressing the alcohol problem of the defendant.
I then try to fashion a sentence that will protect the community
and rehabilitate the offender.
There is
no "normal" punishment. Each sentence is determined
on a case-by-case basis.
Back To Panel
31.
Dear Judge Tony: Are there any cases where parents
have lost their homes due to allowing underage drinking
there?
There have
been reported cases where parents under certain circumstances
have been held financially liable, however whether they
had to sell their homes to meet that financial liability
is not mentioned specifically in the cases.
The law
in the state of Illinois, for example, provides as follows:
"The parent or legal guardian of an unemancipated minor
who resides with such parent or legal guardian is liable
for actual damages for the willful or malicious acts of
such minor which cause injury to a person or property."
740 ILCS 115/3 (west, 1992).
Any parent
or guardian who permits his or her residence to be used
by minors engaged in underage drinking can be charged with
a Class A misdemeanor. The maximum penalty for a Class A
misdemeanor is a fine of $1,000 and 364 days in jail.
A parent
or guardian is deemed to have permitted his or her residence
to be used in violation of the law if he or she knowingly
authorizes, enables or permits such use to occur by failing
to control access to either the residence or the alcoholic
liquor maintained in the residence. 235 ILCS 5/6-16.
Back To Panel
32.
Dear Judge Tony: Can
the policeman measure your BAC right when they find you,
or do they have to take you to the police station?
The policeman
can measure your BAC as soon as they stop you.
Back To Panel
33.
Dear Judge Tony: What
is the penalty for possession of alcohol under the age of
21?
Being caught
with possession of alcohol under the age of 21 on any street
or highway or in any public place or any place open to the
public is a Class A Misdemeanor. The sentence may include
up to 364 days in jail and/or up to a $1000 fine.
Back To Panel
34.
Dear Judge Tony: I am 17 and
was recently caught for drinking and driving. I have not
received any court letters as of yet, and was tested with
a .117 blood alcohol level. It is the first time I have
ever consumed more than one serving of alcohol to see what
the effect is that everyone is talking about.
Being 17
and my first offense, would it be applicable for me to retain
certain driving privileges to and from work and school?
And, what is the probable time for license suspension?
If you
agree to submit to the blood alcohol test and your blood
alcohol concentration is over .00, your license can be suspended
for 3 months. If you refuse to submit to the test, your
license can be suspended for six months. You may be eligible
for Judicial Driving Permit during this period for driving
to and from work or school. If you are then convicted of
a DUI or similar local ordinance, your license will be revoked
for a minimum of 1 year.
Back To Panel
35.
Dear Judge Tony:
Could
somebody please tell me the consequences for a minor who
uses a fake ID and gets caught drinking alcohol in a bar?
Being caught
with a fake ID and consuming alcohol in a bar when under
age is a Class A misdemeanor. The sentence shall include,
but is not limited to, a fine of not less than $500 plus
25 hours of community service.
Back To Panel
36.
Dear Judge Tony:
What
is the penalty for possession of alcohol under the age of
21?
A person
under the age of 21 years may not consume or possess any
alcoholic beverage on any street, highway or any public
place. In Illinois, for example, a violation of this law
calls for a penalty of up to one year in jail and a fine
of up to $2,500 (235 ILCS 5/6-16).
Please
check the "Local Laws" section found in the Main
Menu for similar laws, penalties and fines for your home
state.
Back
To Panel
37.
Dear Judge Tony:
If I refuse a Breathalyzer am I automatically guilty?
No, you
are not automatically guilty of the crime, driving under
the influence. However, if you choose not to submit
to breath or chemical testing when arrested for DUI, there
are serious legal consequences that would affect your driving
privilege. In Illinois, the penalty for refusing to submit
to chemical testing for a first offender is a mandatory
six month suspension of a person’s driver’s license.
A second refusal will result in a mandatory three year suspension.
(625 ILCS 5/11-500)
Please
check the "Local Laws" section found in the Main
Menu for similar laws, penalties and fines for your home
state.
Back
To Panel
38.
Dear Judge Tony: I got arrested
for DUI and my license was suspended! I thought I was innocent
until proven guilty! How can I be punished before I am even
convicted of anything?
What you
are referring to is a statutory summary suspension, not
a finding of guilt or a conviction. A statutory summary
suspension is an administrative procedure which provides
for the automatic license suspension of a driver arrested
for DUI who fails chemical testing or who refuses to submit
to or fails to complete testing.
In Illinois,
Summary Suspensions are automatically imposed on the Secretary
of State’s Office on the 46th day from the
date of notification. For a first offender, that means no
driving for six months and the necessity to apply for license
reinstatement and to pay a fee to the Secretary of State’s
Office.
Please
check the "Local Laws" section found in the Main
Menu for similar laws, penalties and fines for your home
state.
Back
To Panel
39.
Dear Judge Tony:
If me and my buddies are going to a bar or football
game and one of the guys in my car is drinking a beer when
we get pulled over, can I get in trouble?
Signed, Innocent (?) Bystander
Dear
Innocent Bystander: In Illinois, it is illegal for anyone
to transport, carry, possess or have any open alcoholic
beverage containers in the passenger compartment of a car.
You as the driver are responsible if either you or your
passengers are drinking a beer when you get stopped by the
police. You and your passenger could be charged with the
offense of illegal transportation. The penalty in Illinois,
if convicted, is a fine up to $1,000.00. If you are convicted
and are under twenty-one years of age, your driver’s
license will be suspended for one year.
Back To Panel
40.
Dear Judge Tony:
I just got a DUI and
now I’m getting all this mail from lawyers offering
their services. How did they get my name and who can I sue?
Signed,
Un-wanted Attention Getter
Dear
Un-wanted Attention Getter: The disclosure of the names
of people arrested and charged with DUI is perfectly legal.
DUI arrests are matters of public record, published in local
newspapers and can be obtained from the Office of the Clerk
of the Court under the Freedom of Information Act.
Back To Panel
41.
Dear Judge Tony: If
I get my license suspended for DUI, will I be able to get
my driver’s license after the suspension is over? If
so, for how long?
Signed, Future
Probationer
Dear
Future Probationer: If you have been given a statutory
summary suspension in Illinois, your driving privileges
will be reinstated by the Secretary of States Office at
the end of the suspension period upon the payment of a reinstatement
fee of $60.00. If your driver’s license has been revoked
as the result of a DUI conviction, you may apply for a driver’s
license after the period of revocation. Because there are
different periods of revocation and extensive license reinstatement
requirements, I recommend that you contact the Office of
the Secretary of State, Department of Administrative Hearings,
288 Howlett Building, Springfield, Illinois, 62756.
Back To Panel
Back To Top
