DUI in a School Zone Information for Parents

 Posted on March 06, 2025 in DUI/DWI

In Illinois, school zones are specially protected areas. Crimes committed on or near school campuses are taken very seriously and punished more harshly. The goal behind sentencing and charging enhancements for certain crimes that occur in school zones is to protect students. There is no doubt that it is unsafe for children to encounter intoxicated drivers while they are entering or leaving their schools. The increased traffic, impatience of other drivers, and sometimes confusing traffic patterns during pick-up and drop-off times all make it even more likely that a drunk driver will cause a traffic accident. The presence and unpredictability of children make it sadly more likely that a child could be injured by an impaired driver in a school zone.

DUI with bodily injury in a school zone is an automatic felony charge in Illinois. If you are facing this extremely serious accusation, you need a highly experienced Joliet, IL aggravated DUI attorney. Courts can be very harsh in their treatment of DUI offenders who have endangered students in a school zone.

Understanding DUI in a School Zone Laws 

Simply being in a school zone when you were charged with a DUI is not enough to elevate your case from a misdemeanor to a felony. However, it may affect how the court views your case. You can be charged with an aggravated DUI due to being in a school zone only if all of the following factors apply:

• The reduced speed limit was in effect - Speed limits near schools are greatly reduced in the morning when students are arriving and again in the afternoon when they are leaving. Driving intoxicated in a school zone during those specific times creates the greatest risk of injury to a student. Conversely, driving past a school while intoxicated in the middle of the night is very unlikely to affect the school or its students. 
• You caused an accident - You cannot be charged with a felony for DUI in a school zone based on the harm you potentially could have caused. You must have caused a traffic accident while driving in a school zone. If you were involved in an accident that was not your fault, such as if another parent rear-ended you, this element may not be met. 
• Someone was injured - Finally, you must have caused bodily harm to another person for the heightened charge to apply. The person injured does not need to have been affiliated with the school. An accident involving injury that occurs in front of a school is likely to cause distress and disruption for the students.

Contact a Joliet, IL Aggravated DUI Lawyer 

Law Offices of Jack L. Zaremba, P.C. is committed to providing the best possible defense for people facing aggravated DUI charges. Aggressive Joliet, IL felony DUI attorney Jack Zaremba will do all he can for parents and others facing DUI with injury in a school zone charges. Contact us at 815-740-4025 for a complimentary consultation.