Understanding Underage Drinking Laws in Illinois

 Posted on April 17, 2025 in Juvenile Offenses

Underage drinking can have serious consequences for minors or adults under 21, as well as anyone who assists in this illegal activity. Penalties for a conviction can cause major life disruptions and result in significant financial burdens.

If you are facing or have a child facing a charge related to underage drinking, such as driving under the influence (DUI), you need the assistance of an experienced Naperville, IL underage drinking defense attorney. These cases are nuanced and require careful consideration of the Illinois laws that apply when building a strong defense.

Illinois Laws That Apply to Underage Drinking

Illinois laws that every person under or over the legal drinking age should know include:

• 235 ILCS 5/6-20: This statute mandates a minimum age of 21 to consume alcohol and prohibits the purchase, possession, or acceptance of alcohol for minors and underage adults. Religious ceremonies that incorporate alcohol are an exception.

• 235 ILCS 5/6-16: This statute prohibits the selling, serving, delivering, and giving of alcoholic drinks to anyone under 21. The law applies to businesses and individuals distributing alcoholic beverages.

• Zero Tolerance Law: This statute states that anyone caught underage drinking and driving will face the immediate suspension of their driving privileges. Under this law, the blood alcohol concentration (BAC) legal limit of 0.08 percent does not apply. Instead, a BAC reading above zero would break the zero tolerance law.

Illinois law also prohibits the possession or presentation of false identification in the attempt to purchase alcohol. Allowing someone to use a state ID or license to purchase alcohol illegally is also a criminal offense.

Implications for Businesses in Underage Drinking Cases

The aforementioned statute 235 ILCS 5/6-16 is commonly called the "social host liability law." Under this law, businesses that serve alcohol to anyone who injures or kills someone as a result of their intoxication can be held liable for the injury or death. For example, if an overserved guest leaves an establishment and causes a drunk-driving accident, the business might also be liable.

Illinois also applies this law to underage drinking cases, holding hosts accountable for serving underage guests who then commit illegal acts. The law is intended to deter adults from providing alcohol to minors and adults under 21, minimizing the danger of drinking before assumed maturity.

Talk to a Naperville, IL Underage Drinking Defense Attorney Today

Facing a criminal charge is intimidating, whether you are a minor or an adult. As a former assistant state’s attorney, the Naperville, Illinois criminal defense lawyer at the Law Office of Philip R. Nathe understands the criminal process from both the defense and the prosecution’s perspectives. Call 630-416-7600 to schedule a free consultation to discuss the details of your case and the concerns you have about the outcome.