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Minor Consumption of Alcohol 235 ILCS 5/6-20

Underage Drinking Laws in Illinois – What You Need to Know

Underage drinking is a big issue, ya know? Like most states, Illinois has laws against minors consuming and possessing alcohol. These laws can be kind of confusing though. As a minor in Illinois, it’s important to understand what’s legal and what’s not when it comes to drinking.

The Basics of Illinois Minor Alcohol Laws

In Illinois, the legal drinking age is 21. This means that if you’re under 21, it’s illegal for you to:

• Drink alcohol
• Purchase or attempt to purchase alcohol
• Possess alcohol (there are some exceptions I’ll explain later)
• Use a fake ID to obtain alcohol
• Allow your residence to be used for underage drinking

These laws are laid out in the Illinois Liquor Control Act and the Illinois Criminal Code. The specific law that makes it illegal for minors to drink is 235 ILCS 5/6-20. This law states that any person under 21 who “has consumed, is consuming, or is about to consume alcoholic liquor” is guilty of a Class A misdemeanor.So if you’re under 21 and drink even a sip of alcohol in Illinois, you could face criminal charges. Harsh, I know. But that’s the law, unfortunately.

Penalties for Underage Drinking

Let’s talk about what kind of penalties you could face if you’re busted for underage drinking in Illinois.If it’s your first offense, you’ll probably just get a fine up to $2,500 and your driver’s license will be suspended for up to 1 year. For a second offense, the fines go up to $5,000 and you could spend up to 30 days in jail. Third and subsequent offenses can lead to fines up to $10,000 and up to 12 months in jail. Yikes!In addition to fines and possible jail time, a minor consumption charge goes on your criminal record. This could make it harder to get jobs, scholarships, housing, etc. down the road. So definitely not worth it!

Exceptions – When Can Minors Legally Drink?

Okay, so now you know the basic laws around underage drinking in Illinois. But there are a few exceptions where minors can legally consume alcohol:

• Private locations – Minors can drink at private locations like their home as long as their parents/guardians are present and consent.
• Religious purposes – Drinking alcohol for religious reasons is allowed for minors with parental consent.
• Medical use – Minors can drink alcohol for medical purposes if prescribed by a licensed physician.
• Culinary purposes – Eating food cooked with wine or liquor is allowed for minors.
• Undercover operations – Cops and informants under 21 can drink while doing undercover work to investigate liquor license violations.

So in very limited circumstances like these, it’s not illegal for someone under 21 to consume alcohol in Illinois. But in most cases, it’s against the law.

What About Possession?

Okay, so minors drinking alcohol is pretty clearly illegal in Illinois. But what about simply possessing alcohol?Well, there’s a bit more gray area when it comes to possession. In general, it’s illegal for minors to possess alcohol. But there are exceptions if the alcohol is possessed:

• For medical purposes
• In a private residence with parental consent
• As part of an educational program
• For religious ceremonies
• During lawful employment (for instance, a restaurant job where you handle alcohol)

So you generally can’t walk down the street holding a 6-pack when you’re under 21. But it’s not always illegal for minors to simply possess alcohol in Illinois, depending on the circumstances.

Possible Defenses

Let’s say you do get busted for underage drinking in Illinois. Are there any possible defenses to fight the charges?Here are a few options:

• Lack of proof – The prosecution has to prove beyond a reasonable doubt you were illegally drinking. If the evidence is weak, you may be able to get the charges dropped.
• Misidentification – If the cops accuse the wrong person, that’s a solid defense.
• Duress – If you were forced or coerced into drinking against your will, you may be able to fight the charges.
• Entrapment – This isn’t a great option, but if you can prove the police pressured you into committing a crime you otherwise wouldn’t have, you may be able to claim entrapment.
• Medical necessity – If you drank alcohol because it was medically necessary, that could excuse otherwise illegal conduct.

So while underage drinking laws are strict in Illinois, there are some potential defenses if you end up facing charges. But your best bet is to avoid illegal alcohol consumption altogether if you’re under 21.

What About Hosting Parties?

It’s not just drinking itself that can get minors in trouble. Allowing your home to be used for underage drinking is also illegal.So if you’re under 21 and host a party where other minors are drinking, you could face fines, license suspension, and possible jail time. Even if you’re not drinking yourself!There’s also a social host liability law in Illinois. This means if someone at your party gets injured or causes damage after drinking, the host can be held responsible.So not only are you breaking the law by hosting underage drinking parties, but you’re opening yourself up to potentially serious civil liability too. Just say no to hosting parties with alcohol if you’re under 21!

Avoiding Trouble

Okay, you get the idea – underage drinking is risky business with serious consequences in Illinois. Here are some tips to stay out of trouble:

• Avoid parties with alcohol if you’re under 21. It’s just not worth the legal risks.
• Be very wary of drinking in public places like parks, beaches, etc. It’s an easy way to attract police attention.
• Don’t drive with alcohol in your system – DUIs bring even harsher penalties.
• Don’t carry fake IDs or lie about your age to obtain alcohol. Bouncers and bartenders can often spot fakes a mile away.
• Don’t post pics of yourself drinking on social media! Self-incrimination is never wise.
• If questioned by police, politely decline to answer questions and ask to speak with a lawyer.

Following the law isn’t always easy or fun. But underage drinking can have serious consequences that just aren’t worth it. So be smart, be safe, and wait until you’re 21!

The Bottom Line

Okay, let’s recap the key points about underage drinking laws in Illinois:

• It’s illegal for anyone under 21 to drink, purchase, or possess alcohol (with some exceptions).
• Penalties include fines up to $2,500, license suspension, and possible jail time.
• Exceptions allow drinking only in very limited circumstances like religious ceremonies or medical use.
• Possession isn’t always illegal, but is in most cases.
• Defenses like lack of proof and misidentification may beat charges.
• Hosting underage drinking parties is very risky and can lead to liability.
• Avoid parties with booze, don’t drive drunk, and don’t lie about your age.

I know it’s not what you want to hear, but your best bet is to avoid alcohol altogether until you turn 21. The laws are strict for a reason, even if you don’t always agree with them. Stay safe out there!