Can I Get Arrested in Illinois if a Minor Drinks Alcohol in My Home?

 Posted on September 03, 2025 in Underage Drinking

You may be surprised to learn that you can face criminal charges if underage drinking happens in your home. Illinois law makes it illegal to knowingly allow minors to consume alcohol, even if no one is driving. If you are accused of allowing it to happen, you could face fines, criminal charges, civil lawsuits, and lasting consequences. An experienced Aurora, IL underage drinking defense attorney can help you understand your rights and options.

What Is Illinois’s Social Host Law?

Illinois has a strict "social host" law that holds adults accountable if minors drink on their property. Under 235 ILCS 5/6-16(a)(iii), an adult cannot knowingly purchase, give, or deliver alcohol to a person under 21, except in limited circumstances like religious ceremonies. Separately, subsection (c) makes it unlawful to knowingly permit underage possession or consumption of alcohol in the home.

The penalties are serious. A first offense can result in a Class A misdemeanor, punishable by up to one year in jail and fines up to $2,500. If underage drinking results in great bodily harm or death, the charge becomes a Class 4 felony, which may carry prison time.

Knowingly Authorizing or Permitting in Illinois Underage Drinking Cases

"Knowingly permitting" is an important part of the law. Illinois draws a clear line between accidental presence and active permission. This means that if you understood minors were drinking in your home and chose not to act, prosecutors may argue that you allowed it. Even if you did not hand the alcohol directly to a minor, prosecutors can argue that you supplied it by failing to intervene. For example, leaving alcohol out where teens can access it or ignoring signs of drinking could be enough to face charges.

On the civil side, Illinois’s Drug or Alcohol Impaired Minor Responsibility Act allows lawsuits when an adult willfully supplies or permits alcohol to someone under 18, and that minor then causes injury or death. In that situation, victims can seek damages such as medical bills, lost income, or wrongful death compensation.

How Do You Fight Charges for Allowing Underage Drinking in Illinois?

There are several possible defenses that can be used against charges related to enabling minors access to alcohol, depending on the facts of your case. Some of the most common include:

• You were not aware that minors brought or consumed alcohol in your home.

• You took steps to stop underage drinking, such as supervising the party, removing alcohol, or calling parents.

• You promptly called the police to help stop the underage drinking before a complaint was made.

• Police entered or searched your home without a warrant or probable cause.

• The prosecution cannot prove you knowingly allowed alcohol consumption.

• Someone else was responsible for providing or permitting access to the alcohol.

An experienced defense attorney can evaluate which of these strategies applies to your case and fight to have the charges reduced or dismissed.

Schedule a Free Consultation With an Elgin, IL Underage Drinking Defense Attorney

If you are accused of allowing underage drinking in your home, you need to act quickly. At The Law Office of Brian J. Mirandola, we have helped many clients protect their rights when facing these serious allegations. Drawing on experience as a former Assistant State’s Attorney, Attorney Brian J. Mirandola understands how prosecutors build their cases and knows how to identify weaknesses that can be used to your advantage both in negotiations and in court.

Call 847-488-0889 today to schedule a free consultation with a dedicated and experienced Aurora, IL underage drinking defense lawyer.