Can I Be Arrested if Minors Drink at My Party?

 Posted on September 20, 2024 in Underage Drinking

College football season has begun, and that usually means an increased amount of drinking. Whether they go to the stadium or join a watching party, college football fans are known to enjoy a few beers throughout the game. Even for non-fans, going to a neighbor’s or friend’s house to watch the game can be a great opportunity to kick back and socialize with good company.

It is relatively common, however, for minors to be present at football-watching parties. They might live in the house or belong to an adult visitor. Minors, or even adults under 21, may have an easy time sneaking a few drinks while adults are watching the game.

Underage drinking is a serious crime in Illinois. It can mean penalties not only for the drinker but also for the host of the party where the minor obtained the alcohol. This article will discuss whether an adult can be arrested for hosting a party where there is underage drinking. If you or a loved one has been accused of allowing a minor to drink alcohol, consult an Illinois criminal defense attorney right away to start building your defense.

Can an Adult Be Arrested for a Minor Drinking Alcohol?

Illinois law makes it a crime to give alcohol to anyone under 21. An adult who supplies a minor with alcohol can be charged with a Class A misdemeanor, punishable by a fine of between $500 and $2,500 and up to a year in jail. The minor can face a fine of up to $500 and up to six months in jail.

If you furnish a minor with alcohol and it leads to bodily injury or death, you can be charged with a Class 4 felony. This carries a fine of up to $25,000 and one to three years in prison.

Even if you did not directly give a minor alcohol but allowed him or her to consume it at your house, you can be charged with a Class A misdemeanor. This is because Illinois has social host laws that make someone responsible for underage drinking in their home. You are responsible for verifying the ages of your guests.

What Are the Legal Defenses Against Charges of Hosting Underage Drinking?

Depending on the circumstances, you may be able to choose one of several legal defenses if you are charged with hosting underage drinking:

• You did not know the drinker was under 21. 
• You were not aware that a minor was drinking alcohol.
• You were not reasonably able to control the child.
• The minor did not consume alcohol on your property.

Contact a DuPage County, IL Underage Drinking Defense Attorney

Underage drinking can result in penalties and criminal records for both the drinker and the adult charged with allowing it. Whether you or a loved one has been charged with underage drinking or furnishing a minor with alcohol, protect your rights by hiring a Wheaton, IL criminal defense lawyer. Stephen A. Brundage has over 30 years of experience in practicing criminal defense law and a strong background in law enforcement. Schedule a free consultation by calling 630-260-9647 today.