Can I Be Liable if a Minor Drinks Alcohol at My House?

 Posted on November 26, 2024 in Criminal Defense

Underage drinking is a serious crime in Illinois that can have severe consequences for both minors and adults. An adult is generally forbidden to give alcohol to a minor and can face prison and fines for doing so. Furthermore, Illinois’ Social Host Law does not require that alcohol be given to the minor directly. Underage drinking on your property can also be considered a criminal offense, and parents can in some cases be held responsible for their own child drinking under 21. If you are being accused of enabling underage drinking, contact an Illinois criminal defense attorney right away to understand your legal options.

What Is the Social Host Law in Illinois?

Illinois has a Social Host Law that punishes adults who knowingly permit or authorize underage drinking in their homes. Importantly, the law does not require adults to provide the alcohol or give express permission to drink it. Even passively allowing it to happen can be considered a Class A misdemeanor, which is punishable by up to a year in jail and a fine of up to $500. If underage drinking results in serious bodily harm or death — such as if the minor drove drunk and killed someone — the adult can be charged with a Class 4 felony, which carries a prison sentence of one to three years and fines up to $25,000.

Note that parents are allowed to give their children alcohol in certain situations like for religious ceremonies.

What Are the Legal Defenses Against Charges Related to Underage Drinking?

Parents or adults who are charged with allowing underage drinking may be able to use certain legal defenses, such as:

• Lack of knowledge: A major prerequisite for charges related to underage drinking is that the adult knew minors had been or would be consuming alcohol. It is up to the prosecution to prove beyond a reasonable doubt that the adult had such knowledge. If the defendant’s attorney can prove otherwise, it could be a strong defense.

• Attempts at prevention: If the adult knew about the drinking but took steps to prevent it, that could lead to reduced or dismissed charges. For example, the adult might have kept the alcohol in a locked room which the minor found a way to enter. If the adult took reasonable steps to prevent underage drinking, the alcohol consumption may be seen as the minor’s sole responsibility.

• Notification of law enforcement: Another possible way for an adult to avoid charges related to underage drinking is to notify law enforcement upon discovery. If a parent discovered minors drinking and called the police, that can serve as a defense against charges.

Contact a Will County, IL Underage Drinking Defense Attorney

As an adult, you can be subject to severe penalties if you are found to have enabled underage drinking. At the Law Office of Patricia Magaña, LLC, we know everyone makes mistakes and we are committed to giving you the best legal defense possible against criminal charges. Attorney Patricia Magaña uses a personalized, hands-on approach to create legal strategies that can protect your rights and future. Call 630-448-2001 now to get a free consultation with a DuPage County, IL criminal defense lawyer today. Se habla espanol.