Will My Teen Be Sent to Jail for Drinking at a High School Party?

 Posted on January 17, 2025 in Underage Drinking

Laws surrounding alcohol consumption are clear with extensive public campaigns about who should not be drinking. However, it is an area of the law that many citizens tend to take less seriously than others. For example, while underage drinking is a clear violation of the law, it is a common occurrence, particularly at parties for underage high school students.

With many people violating the law, you might think the penalties associated with it are minor. The truth is that a teenager who is caught drinking could face significant consequences, including criminal charges and even jail time. If your child is facing underage drinking charges, speak with a qualified Aurora, IL criminal defense lawyer to understand your options.

How Is Underage Drinking Penalized in Illinois?

As is the law throughout the entire country, you need to be 21 years or older to legally drink alcohol in Illinois. Anyone younger who is found purchasing, attempting to purchase, possessing, or consuming alcohol can face serious criminal consequences. It is important to secure reliable legal representation if this happens because criminal charges can have a lasting impact on your child’s life and can harm their eligibility for employment, education, housing, and financial opportunities in the future. 

If your teenager was caught with alcohol, even if she was not actively drinking it at the time of the arrest, she could face charges as a minor in possession or consumption of alcohol. 

Although specific penalties vary based on several factors - for example, the circumstances of the case and whether your child has any prior criminal record - there are some common consequences, including:

• Suspended driving privileges

• Participation in alcohol education programs

• Mandatory community service

• Fines

Some teenagers caught drinking might need to attend substance abuse treatment programs or counseling, and in some cases, they could face a jail sentence of up to a year.

What is the Social Host Law?

In addition to the teenager, the person who provided the alcohol or hosted the party where underage drinking happened could be liable as well. Under the Social Host Law, adults who knowingly provide alcohol to minors or allow underage drinking on their property can face civil and criminal consequences.

Schedule a Free Consultation with a Kane County, IL Underage Drinking Defense Attorney

If your teenager was caught drinking and is facing criminal charges, an Elgin, IL criminal defense lawyer can review the case and offer critical legal guidance. At The Law Office of Brian J. Mirandola, we are dedicated to helping children and families get the best outcomes so that one incident of poor judgment does not harm their future. Call 847-488-0889 to schedule a free consultation.