CRIMINAL DEFENSE

AVAILABLE 24/7

! FREE ! CONSULTATION

UNLAWFUL POSSESSION AND/OR CONSUMPTION OF ALCOHOL BY MINORS IN ILLINOIS

CHICAGO POSSESSION AND CONSUMPTION OF ALCOHOL BY MINORS CRIMINAL DEFENSE ATTORNEY WILL USE ALL HIS KNOWLEDGE AND EXPERIENCE TO SAVE YOUR KIDS’ FREEDOM, CRIMINAL RECORD AND DRIVER’S LICENSE

Chicago Possession and Consumption of Alcohol by Minors Criminal Defense Attorney
Chicago Possession and Consumption of Alcohol by Minors Criminal Defense Attorney

Underage Drinking and Possession of Liquor in Illinois Is Illegal

In the first place, Illinois Liquor Control Act of 1934 sets the drinking age in Illinois at 21. Thus, it is illegal for anyone who is younger than 21 to consume and even possess alcohol. Moreover, it is a crime for a minor to consume or possess liquor in Illinois. However, unlawful possession of alcohol by a minor and unlawful consumption of alcohol by a minor are separate and different offenses in Illinois. Additionally, together with Illinois Code, local ordinance also prohibit minors to possess alcohol.

Unlawful Possession Explained by Chicago Possession and Consumption of Alcohol by Minors Criminal Defense Attorney.

First, Illinois law states that unlawful possession of alcohol by a minor is a Class A misdemeanor. Thus, a minor guilty of unlawful possession of alcohol could face a jail sentence of up to 364 days. Next, a minor could pay a fine of up to $2,500. Finally, DMV will suspend his or her licensefor a period of up to one year. However, if court sentences a minor to Court Supervision, DMV will suspend the minor’s license only for 3 months. Therefore, you definitely need to consult with Chicago Possession and Consumption of Alcohol by Minors Criminal Defense Attorney to understand your or your kid’s options.

Minors Can Possess Alcohol in Different Ways.

As a matter of fact, a minor can possess liquor either physically or constructively. For example, if a teenager holds a bottle of “Budweiser,” he clearly physically possesses the alcohol. At the same time, if a teenager put a “Budweiser” can on the table in front of him and not holding it, he or she still constructively possesses liquor. Finally, a minor can possess alcohol together with another person or persons. For example, if several teenagers are drinking whisky from the same bottle, they all jointly possess liquor and are guilty. Notable, it does not matter who holds the bottle in this example. The State of Illinois can prosecute a minor for all those types of possession of liquor.

Unlawful Consumption Explained by Chicago Possession and Consumption of Alcohol by Minors Criminal Defense Attorney.

Under235 ILCS 5/6-20, it is illegal for any person under 21 years to consume alcohol at all. Often, people mistakenly conclude that it is legal for a minor to have a blood alcohol concentration of 0.08. However, this is not true. In Illinois, underage minors cannot consume any alcohol at all! Similarly to underage possession offense, underage drinking is a class A misdemeanor. Thus, the maximum for underage drinking is $2,500. Next, the maximum jail sentence is 364 days in a County Jail.

Collateral Consequences of Unlawful Consumption by Minors Conviction.

Similarly to the offense of unlawful possession of liquor by a minor, DMV could suspend his or her licensefor a period of up to one year. However, if court sentences a minor to Court Supervision, DMV will suspend the minor’s license only for 3 months. Therefore, you definitely need to consult with Chicago Possession and Consumption of Alcohol by Minors Criminal Defense Attorney to understand your or your kid’s options.

Defenses and Exception Explained by Chicago Possession and Consumption of Alcohol by Minors Criminal Defense Attorney.

Although, Illinois law prohibits minors to consume or possess liquor, there are still several defenses available to them. First, sometimes, minors do not actually possess alcohol. Next, police could arrest a minor for consuming alcohol in the house without valid search warrant. Finally, Illinois law allows minors to consume alcohol in some limited circumstances. For example, under 235 ILCS 5/6-20(g), people under 21 years of age can legally possess and/or consume alcohol during the performance of a religious service or ceremony. Additionally, people under age of 21 can consume liquor under the direct supervision of their parents in their private home.

You Need to Hire Chicago Possession and Consumption of Alcohol by Minors Criminal Defense Attorney to fight your case

Chicago Underage Drinking Criminal Defense Attorney Tikhvinskiy has experience to successfully fight your or your loved one criminal case. First consultation is always free and confidential. Call (312) 583-7345.

  • (312) 583-7345
  • 3601 Algonquin Road, Suite 210, Rolling Meadows, IL 60008
  • 50 S. Grove Avenue, Elgin, IL 60120
Avvo - Rate your Lawyer. Get Free Legal Advice.