The Law Office of Brian J. Mirandola

CALL FOR A FREE CONSULTATION

47 DuPage Court, Elgin, IL 60120

847-488-0889

Kane County Criminal Defense LawyerEveryone knows that the drinking age is 21 in Illinois. However, this does not prevent many teens and young adults from drinking alcohol before age 21. Underage drinking can lead to driver’s license suspension and even jail time in some cases. Tragically, statistics show that eight teenagers in the U.S. die every day in drunk driving crashes. To be clear, underage drinking can lead to life-changing consequences. If you or your child has been charged with an alcohol-related crime, speak to a juvenile criminal defense lawyer for legal advice right away.

Underage Drinking and Alcohol Possession in Illinois

It is unlawful for anyone younger than 21 years old to purchase, receive, or consume alcohol. The one exception to this law is alcohol consumption in an underage person’s home or at a religious service when they are under their parent’s supervision. Using a fake ID to buy alcohol is also a criminal offense in Illinois. Violating these laws could lead to Class A misdemeanor charges.

Driving Under the Influence Under Age 21

Illinois has a zero tolerance policy for underage drinking and driving. If you are under 21 years old, it is against the law to drive with any amount of alcohol in your body. Driving with a blood alcohol content (BAC) of greater than 0.0 percent can lead to a three-month driver’s license suspension. The offender will need to complete a driver remedial education course or retake the driver’s license exam to regain driving privileges. If an underage person had a BAC of greater than 0.08 percent, he or she faces at least a 2-year driver’s license revocation in addition to the typical penalties associated with driving under the influence (DUI). DUI in Illinois is punishable by up to a year in jail and a maximum fine of $2,500.  If a passenger under age 16 was in the car or the driver caused an accident where someone is injured, the punishment for underage DUI is elevated significantly.

It is also against the law to transport alcohol in the passenger area of the vehicle. Each occupant in the vehicle can face charges for illegal transportation and a one-year driver’s license suspension. Second and subsequent offenses for underage drinking, illegal transport, or DUI are punished even more harshly.

Contact an Elgin Juvenile Defense Lawyer

If you or your child are facing charges related to underage drinking, contact The Law Office of Brian J. Mirandola for legal help right away. Kane County criminal defense attorney Brian J. Mirandola can help you understand your option, protect your rights, and build a powerful defense against the charges. Call 847-488-0889 for a free, confidential case assessment.

 

Sources:

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

https://www.drive-safely.net/teenage-drunk-driving/

http://www2.courtinfo.ca.gov/stopteendui/teens/facts/teen-driving-crash-and-fatality-stats.cfm

Last modified on

Elgin IL underage drinking lawyerAlthough this New Year’s Eve will likely include fewer social gatherings than in years past due to the pandemic, it is common for minors to engage in underage drinking at this time of year, either with or without their parents’ knowledge. While this may seem innocent enough, underage drinking often has serious legal and personal consequences that can affect a teenager or young person for the rest of their life.

Consequences of Underage Drinking in Illinois

In Illinois, underage drinking is a serious offense; in fact, while it is not a felony, it is a misdemeanor, carrying with it possible penalties including jail time and substantial fines. In addition, Illinois has a “Zero Tolerance” policy for underage drinking and driving. If a person under the age of 21 is caught on the road driving with any alcohol in their system, even if they are below the legal blood alcohol content limit for adults, they can face serious consequences, including getting their driving privileges revoked for two years at minimum. In some cases, underage drinking and an accompanying charge or conviction can also have far-reaching effects on a teenager’s future, including:

  • A criminal record—Depending on a young person’s age at the time of conviction, underage drinking can result in a juvenile record or a criminal record. This can harm a person’s reputation in the community, and it can lead to more serious consequences in the event of another conviction in the future.

  • Lost opportunities—An underage drinking conviction can result in valuable time lost and financial costs that may affect a young person’s education or ability to start his or her adult life in the right direction. A criminal conviction may also be viewed negatively during the college admissions process or a job search.

  • Health issues—Drinking at an early age can sometimes lead to addiction, depression, and anxiety, among other health issues.

  • Irresponsible behavior—Underage drinking may be accompanied by other irresponsible behavior, including risky sexual activities, poor performance in school, or actions that could lead to other juvenile or criminal charges.

  • Drug use—Early alcohol usage may sometimes be a sign of or a precursor to the use of illegal drugs, which can have serious health effects and criminal consequences.

Contact an Elgin IL Underage Drinking Defense Attorney

If you or your child is charged with underage drinking, you should hire a knowledgeable Kane County misdemeanor defense lawyer immediately. The skilled team at the Law Offices of Brian J. Mirandola can help you protect your rights and avoid unnecessary legal consequences. Call us at 847-488-0889 for a free consultation.

 

Sources:

https://www.cyberdriveillinois.com/departments/drivers/traffic_safety/DUI/uselose.html

https://www.samhsa.gov/underage-drinking/parent-resources/consequences-underage-drinking

https://www.niaaa.nih.gov/publications/brochures-and-fact-sheets/underage-drinking

Last modified on

IL defense lawyerThere is a minimum drinking age in the United States for a reason. The law was put into place because there are a number of concerns when teenagers or younger drink alcohol. Minors under the age of 21 years old will face misdemeanor charges if they are caught drinking alcoholic beverages. However, there are also several health and social consequences that underage drinking can lead to.

In Illinois, there is one exception when it comes to possessing alcohol and that is for those who are bartenders. Establishments may hire those as young as 18 years old to distribute alcohol to customers, but they still cannot consume the drinks themselves.

Buying and Selling Alcohol to Minors

It is unlawful for any person(s) under the legal drinking age of 21 years old to buy or attempt to buy alcoholic beverages with the help of a fake ID. First offenders will have their driver’s license suspended for three months and be under court supervision for six months. Subsequent offenses turn the suspension into a one-year term and court supervision will be required for the full year as well.

If a minor attempts to purchase alcohol using another person’s ID, their license can be revoked even without a conviction.

Additionally, Illinois law says that any person who is over the drinking age cannot purchase and/or sell alcohol to minors. The crime is punishable by a fine of up to $2,500 and one year in prison for first offenders. Subsequent offenses will lead to fines of up to $25,000 and a higher jail term.

If a minor is caught consuming alcohol in a private home and the parents know it is happening, the adults will be charged with a Class A misdemeanor and be fined at least $500. Felony charges can be issued if the illegal activity leads to injury or death.

How Is a Minor’s Social Life Affected by Underaged Drinking?

A lot of times a teenager will start drinking as a result of peer pressure. In this stage of their lives, teenagers long to be accepted by their peers and want to fit in, even if it means doing something that is harmful to their health.

If a teen turns away from drinking, they may not be as “popular” with the rest of the teens at school, but they will be safe from certain medical consequences including:

  • Stunted brain development
  • Alcoholism
  • Damage to internal organs including the stomach and liver
  • Higher risk of cancer
  • Weight gain
  • Early death

Teens can also suffer academic consequences if caught drinking illegally. Schools in Illinois have zero tolerance for underage drinking; if caught, a student can be stripped of extracurricular activities, face suspension, or even be expelled from school.

Contact an Elgin, IL Criminal Defense Lawyer

If you or someone you know is facing underage drinking penalties, hiring a lawyer from the Law Offices of Brian J. Mirandola can help protect you from the legal ramifications. To schedule a free consultation with a Kane County underage drinking defense attorney, call 847-488-0889.

 

Sources:

https://www2.illinois.gov/ilcc/Education/Pages/Under%2021/Consequences.aspx

https://www.alcoholproblemsandsolutions.org/illinois-alcohol-laws-its-best-to-know-the-law-illinois-alcohol-laws-best-know-law/

 

Last modified on

IL DUI lawyerEven though the legal drinking age in the United States is 21 years old, underaged drinking happens all the time. Especially if the minors are not being given proper parental supervision. In Illinois, there is a zero tolerance for underage drinking and driving under the influence . The Illinois Zero Tolerance Law states that anyone under the age of 21 that is caught driving under the influence will lose their driving privileges.

DUI vs. Zero Tolerance Penalties

A driver under the age of 21 who is pulled over for suspected DUI can be issued either a simple DUI charge or a Zero Tolerance charge or both. This decision is made solely by the officer who makes the traffic stop.

The officer makes his or her decision based on the results or refusal of the field sobriety test and the chemical test that is taken on site.

  • According to Illinois law, if a person under the age of 21 is charged under the Zero Tolerance Law, they are punished by:
  • Suspension of driving privileges for three months for first offenders and one year for second offenders.
  • If a Blood Alcohol Content (BAC) Test is refused, driving privileges are suspended for six months for first offenders and two years for second offenders.

If a person under the age of 21 is charged with a DUI, they are punished by:

  • First offense: Driving privileges are revoked for two years.
  • Second offense: Driving privileges are revoked for five years.

Illinois law also holds parents responsible for their minor child’s actions. If a minor is charged with a DUI, the parents or guardian or the child can face criminal penalties.

Can my Driving Privileges be Taken Away Even if I’m not Driving?

If you are under the age of 21 and are consuming alcohol, then you are breaking the law. It does not matter if you are driving or not. If you are caught consuming, purchasing, or possessing alcohol then driving privileges can be taken, according to the Zero Tolerance Law.

Penalties are more severe based on a number of offenses:

  • First offense: Driving privileges are suspended for six months.
  • Second offense: Driving privileges are suspended for one year.
  • Subsequent offenses: Driving privileges are revoked.

Contact an Elgin, Illinois DUI Defense Attorney

Underage drinking charges are serious offenses that can have serious consequences if you do not have an experienced attorney on your side. The lawyers of the Law Offices of Brian J. Mirandola can help build a defense to keep you free from DUI convictions. To schedule a free consultation with a Kane County criminal defense attorney, call 847-488-0889.

 

Source:

https://www.cyberdriveillinois.com/departments/drivers/traffic_safety/DUI/uselose.html

Last modified on

Aurora, IL Underage Drinking Lawyer

Underage drinking is on the decline nationwide, with only an average of 14 percent of American 12th-grade students stating they binge drink alcohol on a regular basis. Still, thousands of American teenagers take part in underage drinking, which is dangerous for a number of reasons. This includes driving under the influence of alcohol. 

It is also important to understand an illegal consumption charge can come with serious legal consequences. If your son or daughter is charged with underage drinking, it is time to secure skilled legal assistance. 

Underage Drinking Dangers 

Outside of the serious legal trouble that can come with underage drinking, consuming alcohol as a minor is a legitimate health threat. According to the Centers for Disease Control and Prevention (CDC), underage drinking is responsible for an average of 4,300 deaths in the United States every year. Many of these deaths are due to alcohol poisoning, but a large percentage are due to drinking and driving. Drunk drivers under the age of 21 are more likely than any other age group to be involved in an auto accident. Other common health symptoms related to underage drinking include memory problems, alterations in brain development, and potential abuse of other drugs. 

Consequences of Underage Drinking 

Here in the state of Illinois, underage drinking brings a three-month driver’s license suspension if court supervision is ordered or six months for a conviction. Due to the zero-tolerance policy on underage drinking and driving, a teen driver with a blood alcohol content over .01 could face serious criminal punishment. An underage drinking and driving conviction can mean up to a year in jail, a minimum two-year license revocation, and a $2,500 fine. 

Contact an Elgin, IL Underage Drinking Lawyer 

With decades of legal experience, Attorney Brian J. Mirandola knows how damaging an underage drinking charge can be to a child’s future, and will fight to keep a conviction off your child’s record. To schedule a free consultation with a skilled Kane County criminal defense attorney, call our team today at 847-488-0889. 

Sources:

https://www.responsibility.org/alcohol-statistics/underage-drinking-statistics

https://www.cdc.gov/alcohol/fact-sheets/underage-drinking.htm

Last modified on
Avvo Illinois State Bar Association Kane COunty Bar Association
Back to Top