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State Profiles of Underage Drinking Laws

- Illinois -

Underage Drinking: Underage Possession of Alcohol

Possession is prohibited WITH THE FOLLOWING EXCEPTION(S):

  • parent/guardian

Underage Drinking: Underage Consumption of Alcohol

Consumption is prohibited WITH THE FOLLOWING EXCEPTION(S):

  • private residence
  • AND parent/guardian

Underage Drinking: Underage Purchase of Alcohol

Purchase is prohibited, but youth MAY PURCHASE for law enforcement purposes.

Underage Drinking: Minimum Ages for On-Premises Servers and Bartenders

Beer: 18 for both servers and bartenders
Wine: 18 for both servers and bartenders
Spirits: 18 for both servers and bartenders

Underage Drinking: False Identification for Obtaining Alcohol

Provision(s) targeting minors:

  • Use of a false ID to obtain alcohol is a criminal offense
  • Penalty may include driver's license suspension through an administrative procedure

Provision(s) targeting suppliers:

  • It is a criminal offense to lend, transfer, or sell a false ID
  • It is a criminal offense to manufacture or distribute a false ID

Provision(s) targeting retailers:

  • Licenses for drivers under age 21 are easily distinguishable from those for drivers age 21 and older
  • Specific affirmative defense - the retailer inspected the false ID and came to a reasonable conclusion based on its appearance that it was valid

Blood Alcohol Concentration (BAC) Limits: Youth (Underage Operators of Noncommercial Motor Vehicles)
BAC limit: 0.00 - any detectable alcohol in the blood is per se (conclusive) evidence of a violation.

Applies to drivers under age 21.

Underage Drinking: Use/Lose: Driving Privileges

Type(s) of violation leading to driver's license suspension, revocation, or denial:

  • Underage purchase
  • Underage possession
  • Underage consumption

Use/lose penalties apply to minors under age 21

Authority to impose driver's license sanction

  • mandatory

Length of suspension/revocation: 180 days

Underage Drinking: Prohibitions Against Hosting Underage Drinking Parties

Illinois has two Social Host laws:

  1. Social host law is not specifically limited to underage drinking parties.

    Action by underage guest that triggers violation: Consumption

    Property type(s) covered by liability law:

    • Residence
    • Outdoor
    • Other

    Standard for hosts' knowledge or action regarding the party: KNOWLEDGE - host must have actual knowledge of the occurrence

    Exception(s):

    • Family

  2. Social host law is not specifically limited to underage drinking parties.

    Action by underage guest that triggers violation: Possession Consumption

    Property type(s) covered by liability law:

    • Residence

    Standard for hosts' knowledge or action regarding the party: KNOWLEDGE - host must have actual knowledge of the occurrence

    Preventive action by the host negates the violation (see note).

    Exception(s):

    • Family
    • Resident

  3. Social host law is not specifically limited to underage drinking parties.

    Action by underage guest that triggers violation: Consumption

    Property type(s) covered by liability law:

    • Other

    Standard for hosts' knowledge or action regarding the party: OVERT ACT - host must have actual knowledge and commit an act that contributes to the occurrence

Notes:
Beginning January 1, 2013, under 235 Ill. Comp. Stat. 5/6-16(a-1), a person commits a social host offense if one is a parent or guardian and permits one's residence, or any other property under one’s control, to be used by an underage invitee of one's child or ward in a manner that violates the statute. An offense is deemed to have occurred if a parent or guardian knowingly authorizes or permits the prohibited use to occur.

Beginning January 1, 2013, an individual will not be in violation of 235 Ill. Comp. Stat. 5/6-16(c) if he or she requests assistance from a law enforcement agency to help end the possession or consumption of alcohol by persons under the age of 21 in a residence that he or she occupies. This assistance must be requested before any other person makes a formal complaint to a law enforcement agency about the activity.

Under 235 Ill. Comp. Stat. 5/6-16(d), a person commits a social host offense by renting a hotel or motel room for the purpose of or with the knowledge that such room be used for the consumption of alcoholic liquor by underage persons.

National Institute on Alcohol Abuse and Alcoholism National Institutes of Health Department of Health and Human Services USA.gov - Government Made Easy