Can I Be Arrested for Allowing Minors to Drink Alcohol on My Property?

Countries around the world vary when it comes to the legal drinking age. In some countries, such as Germany, the legal drinking age is 16. In other countries -- around 61 percent of countries around the globe -- have a legal drinking age of 18 or 19 years old. The legal drinking age for anyone in any of the 50 states is 21. If a minor is caught drinking before they are 21, they face possible criminal charges, a driver’s license suspension or revocation, and expensive fines. In Illinois, an adult who furnishes alcohol to a minor or allows minors to drink on their property can also face criminal charges.

Illinois’ “Social Host” Law

Despite years of bringing attention to the dangers of underage drinking and advocating against it, plenty of teens still consume alcohol across the country. The majority of alcohol consumption by minors is done at home in social settings. However, parents are not permitted to allow minors to drink. This “social host” law was put into effect in 2013 and prohibits parents from knowingly allowing their child or other minors to consume alcohol, even in a private residence. Parents who break this law face a Class A misdemeanor charge, which is the most serious of misdemeanors. For a Class A misdemeanor, you face up to one year in jail, a minimum fine of $500, and the possibility of up to $2,500 in fines.

If the parent knowingly allows minors to consume alcohol on their property and anyone suffers a great bodily injury or death, the parent can be charged with a Class 4 felony. This means that you could face between one and three years in prison and up to $25,000 in fines.

If you request assistance from the police, however, you may be able to avoid a criminal charge. Those who request assistance from police to help remove disobedient minors from the property or to help stop the underage drinking before a report is made to law enforcement about the incident may be exempt from charges.

Discuss Your Case With Our Arlington Heights, IL Criminal Defense Attorney

Even though you may want your child to think of you as more of a friend, than a parent, it is not legal to furnish alcohol to a minor or allow them to consume alcohol on your property. If you are facing criminal charges relating to an underage alcohol offense, you should speak with our skilled Rolling Meadows, IL criminal defense lawyer. Scott F. Anderson, Attorney at Law will do everything to ensure your rights are protected. To schedule a free consultation, call our office today at 847-253-3400.

Sources:

https://www2.illinois.gov/ilcc/Education/pages/parental-responsibility/know-the-law.aspx

https://www2.illinois.gov/ilcc/Education/Pages/Under21Laws.aspx#drink

https://ilga.gov/legislation/ilcs/fulltext.asp?DocName=023500050K6-16