The Law Office of Brian J. Mirandola


47 DuPage Court, Elgin, IL 60120


Can I Go to Jail if My Teen Is Drinking at Home?

 Posted on June 22, 2024 in Criminal Defense

Kane County, IL criminal defense lawyer

Underage drinking is a serious topic, and Illinois has several laws in place, such as the Zero Tolerance Law, to prevent minors from obtaining and consuming alcohol. If your teen is found to be drinking at home, you may be faced with criminal charges depending on the circumstances of the alcoholic consumption. An experienced Illinois criminal defense lawyer can answer further questions about your situation.

Can My Teen Drink at Home?

In Illinois, consumption of alcohol by individuals who are under 21 years of age is illegal, with the following exceptions:

  • The minor is within his or her parent’s private residence, and the minor is directly supervised by his or her parent or legal guardian

  • The minor is participating in a religious ceremony

That being said, parents cannot allow their children to drink irresponsibly, and they need to ensure that they do not furnish minors with alcohol, which is a serious criminal offense in Illinois. This criminal offense includes supplying, selling, delivering, or gifting alcohol to individuals who are under 21 years old.

For example, if your teen sips at your glass of wine during a holiday celebration within your private residence, you are not likely to end up in trouble. However, if you allow your teen free access to your liquor stores or permit your teen’s friends to also partake in alcoholic consumption within your home, you risk legal consequences.

Penalties for Furnishing Minors With Alcohol

Furnishing minors with alcohol is a serious crime in Illinois, and this offense carries serious penalties.

Potential consequences for furnishing minors with alcohol include a Class A misdemeanor, which occurs when you knowingly give alcohol to a minor at a private residence, or a Class 4 felony, which occurs when you knowingly give alcohol to a minor at a private residence and then death or great bodily injury occurs.

A Class A misdemeanor carries up to one year in jail time and up to $2,500 in fines, while a Class 4 felony results in between one and three years of jail time and up to $25,000 in fines.

Additionally, furnishing minors with alcohol can go hand-in-hand with violations of Illinois’ Social Host Law, which states that adults who host parties for their teens or rent spaces where minors will knowingly consume alcohol can face criminal consequences.

Contact a Kane County, IL Criminal Defense Lawyer

If you are facing criminal charges after a minor consumed alcohol on your property, it is important to contact a skilled Elgin, IL criminal defense attorney. Attorney Brian J. Mirandola has extensive experience in the criminal defense field, and he will help you advocate for your rights during the criminal conviction process.

Contact The Law Office of Brian J. Mirandola at 847-488-0889 for a free consultation.

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