The state legislature added another offense to the Illinois Vehicle Code in 2011. Passed as Public Act 96-1237, the new law became effective on January 1, 2011.
The law adds a new charge to the DUI laws already on the books. The new law can be found at 625 ILCS 5/11-507. It is called supervising a minor driver while DUI.
The new law does not apply to drivers. Rather, it applies only to an adult who is supervising a minor behind the wheel. If the adult supervisor is under the influence or alcohol or drugs, he can be charged with the offense.
The statute tracks the DUI statute, 11-501, verbatim. It provides that it is against the law if the adult supervisor is,
(1) the alcohol concentration in the person’s blood or breath is 0.08 or more based on the definition of blood and breath units in Section 11‑501.2 of this Code;
(2) under the influence of alcohol;
(3) under the influence of any intoxicating compound or combination of intoxicating compounds to a degree that renders the person incapable of properly supervising or providing instruction to the minor driver;
(4) under the influence of any other drug or combination of drugs to a degree that renders the person incapable of properly supervising or providing instruction to the minor driver;
(5) under the combined influence of alcohol, other drug or drugs, or intoxicating compound or compounds to a degree that renders the person incapable of properly supervising or providing instruction to the minor driver; or
(6) there is any amount of a drug, substance, or compound in the person’s breath, blood, or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act.
See 625 ILCS 5/11-507.
A charge for this offense is not a criminal offense, but rather, a moving violation. Therefore, the maximum penalty would be a fine of $500. But, because it is a moving violation, a conviction would count towards the limit for moving violations that results in a suspended driver’s license.
It should be noted that if the minor gets in an accident causing personal injury, apparently the supervising adult may be civilly liable because this law creates a duty of care. Violation of that duty, eg, being intoxicating while supervising a minor driver, would constitute negligence.