Underage persons who violate drinking laws subject to stiff penalties
Possession or consumption of alcoholic beverages is considered a privilege rather than a right, and it is regulated by numerous laws. Although some states have differing ages for drinking beer and wine, the legal drinking age in Illinois is 21 for all alcoholic beverages.
Underage drinkers violate the law when they:
- Possess alcohol on a public street or in a public place;
- Drink alcohol, unless as part of a religious service or ceremony;
- Lie about their age to get alcohol;
- Occupy a residence and knowingly let someone under 21 possess alcohol;
- Rent a hotel or motel room, knowing that the room will be used for illegal drinking;
- Carry, make, obtain or copy a false identification card;
- Operate a motor vehicle with any alcohol in their system.
Penalties for violating the law are stiff. Any person under 21, who is convicted of violating the law by purchasing, attempting to purchase, accepting, possessing or consuming alcohol, will have his or her driving privileges revoked for one year. If an offender is involved in the illegal transportation of liquor (opened or unopened), his or her driving privileges may be suspended for one year for a first offense and revoked for a subsequent offense.
In Illinois, there is a "Use It & Lose It" zero tolerance law for persons under age 21. Drivers who have illegally consumed any amount of alcohol (even a "taste") is considered to be "driving under the influence" (DUI) and is subject to penalties of driver's license suspension for a minimum of two years, possible imprisonment for up to 12 months, 100 hours of community service and a fine of up to $2,500. The penalties get much stiffer for second and third convictions. In addition, the violator can be ordered to participate in a program that includes visits to morgues or facilities that treat DUI victims.
As most young people know, the use of a false I.D. card to purchase alcohol is unlawful. What they may not realize is that it can lead to a substantial fine and jail time.
In addition to punishments for underage youths, parents and hotel/motel employees, who knowingly allow underage consumption of alcohol on their premises, are subject to fines of up to $2,500 and imprisonment for one year.
Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.
© Illinois State Bar Association
If you have questions about the application of the law in a particular case, consult your lawyer. The law is constantly changing. Information on this site or any site to which we link does not constitute legal advice.