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DuPage County juvenile crimes defense attorney

Underage drinking is all too common in today’s world. According to reports from the National Institute on Alcohol Abuse and Alcoholism (NIAAA), 58 percent of teens have had a drink by the time they reach the age of 18. This may be a result of high school parties in which alcohol is present or it may be attributed to moving away from home and going to college by the age of 18. Regardless of when it starts, binge drinking is extremely common between the ages of 12 and 20, forming bad habits before juveniles even reach the legal drinking age. Those individuals under the age of 21 often fail to recognize the ramifications that underage drinking can have on their future and their criminal record. Criminal charges may include alcohol consumption, but there are also a number of offenses that do not require any alcohol to be consumed.

False Identification and Purchasing Alcohol

These are two separate alcohol charges that are often tied together in Illinois. Many young adults may use an older sibling’s ID or have one made that states that they are 21 years old. This can allow those under the age of 21 to enter bars or purchase alcoholic drinks. Although more common with college students, high school students have also been known to use this tactic to obtain alcohol without their parents’ knowledge. Having a fake ID or lending your ID to someone underage is considered a Class A misdemeanor, punishable by up to $2,500 in fines and one year in jail. Purchasing the alcohol in itself is a Class A misdemeanor with a minimum $500 fine. In other words, having a fake ID can often lead to additional criminal charges.

The Possession of Alcohol

The consumption of alcohol is not required for young adults to face alcohol-related charges in Illinois. If those under the age of 21 are found with alcoholic beverages in their possession, they may have their driving privileges suspended for up to one year. This is also true for any minors found transporting alcohol in their vehicles. They will automatically lose their license for one year and may face a $1,000 fine. This charge applies to anyone in the vehicle who is underage, not just the driver.

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DuPage County underage DUI lawyerIn the United States, drinking is a sort of rite of passage for many teenagers, though it is illegal. One of the worst things a teenager can do when they have been drinking is get behind the wheel of a car. Driving while you are under the influence of alcohol, or any other drug for that matter, is illegal for anyone, no matter your age. For those who are under the age of 21, drinking and driving is a much more serious offense, and young offenders face harsher penalties.

Zero Tolerance Laws

Most states have developed some form of zero tolerance laws for underage DUI offenders. These laws have helped underage DUI offenses become less common, but they still happen and they are still punished accordingly.

In Illinois, if a person under the age of 21 is pulled over on suspicion of intoxicated driving and their BAC is more than .00, he or she will face penalties in alignment with the zero tolerance laws. For a first offense, driving privileges will be suspended for three months for a BAC over .00. If the offender refuses to submit to a chemical test, driving privileges are suspended for six months.

Underage DUI Penalties

If a person under the age of 21 is convicted of DUI, they will receive all of the same penalties as someone who is over the age of 21. This means that for a first offense, underage DUI offenders face up to one year in prison and up to $2,500 in fines. Since they are under the age of 21, offenders will also face a minimum of two years of driver’s license revocation and will not be eligible for a restricted driving permit (RDP) until the second year of the revocation. In addition, a judge can also order an underage DUI offender to participate in the Youthful Intoxicated Driver’s Visitation Program.

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DuPage County social host liability attorneyIn the American culture, underage drinking can be a rite of passage when you are a teenager. According to the Centers for Disease Control and Prevention (CDC) alcohol is the most commonly used drug among Americans ages 12 to 20 and that among high school students, around 30 percent drink some amount of alcohol each month. While alcohol use is common among teenagers, it is dangerous and illegal. Not only is it illegal for a teenager to purchase alcohol, but it is also illegal for teens to consume it. Moreover, it is illegal for a parent or guardian to allow alcohol to be consumed by minors on their property.

Social Host Liability Laws

According to the Illinois Liquor Control Act, it is illegal for anyone to allow those under the age of 21 to consume alcohol on his or her private property, any property that they control or any vehicle or watercraft under their control. You can be both held responsible for the consumption of alcohol by minors if you knowingly allow them to consume it and if you fail to adequately control access to the alcohol.

This is known as the social host liability laws, and it can apply whether you are on the premises during the time alcohol is consumed or not. If you allow minors to consume alcohol on your property, you are guilty of a Class A misdemeanor. You will be responsible to pay a minimum $500 fine, but punishments could be up to $2,500 in fines and up to one year in jail. If a death or a serious injury occurs because of the drinking, you will be charged with a Class 4 felony, meaning you could face up to three years in prison and $25,000 in fines.

Contact a DuPage County Social Host Liability Lawyer

It may seem like a good idea to have your kids drink while they are under your supervision, but it is illegal to do so. What may seem like a night of harmless fun can turn into a night of arrests. At the Davi Law Group, LLC, we can help you mitigate any charges you may have pertaining to underage drinking and parental responsibility. Our experienced Wheaton, IL social host liability attorneys can help you come up with a solid defense and avoid a conviction at all costs. Get in touch with us today to determine what your first step will be. Call us at 630-580-6373 to schedule a free consultation.

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IL defense lawyerWhile drinking alcohol before the age of 21 is considered a rite of passage by many, Illinois law enforcement and the legal system do not see it that way. For a minor charged with the illegal consumption of alcohol or driving under the influence (DUI), the penalties are no laughing matter. If your child has been charged with an offense related to underage drinking, you should work with an attorney who can help you understand how to minimize any resulting difficulties.

Illegal Alcohol Consumption in Illinois

The consumption, possession, purchase, or receipt of alcohol by someone under 21 is punishable by a three-month driver’s license suspension for an offense that results in court supervision. That suspension increases to six months for a first conviction, one year for a second conviction, and driver’s license revocation for any subsequent convictions. Anyone under 21 who transports liquor can be assessed a maximum $1,000 fine. The driver could face a one-year license suspension for a first offense and a one-year license revocation for additional offenses.

Underage Drinking and Driving

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DuPage County criminal law attorney, license suspensionMistakes occur regularly. Sometimes we forget to do something extremely important, like renewing our car registration on time or paying a ticket. Occasionally, we can become lost in thought and miss a speed traffic sign. However, if these things are overlooked time and again, the suspension of your driver's license or even the revocation of your driving privileges may result. Therefore, it is important to understand the various circumstances that, if handled incorrectly, could result in the loss of all driving privileges, either for a short time or indefinitely.

How Suspension Occurs

In Illinois, there are a variety of reasons that may result in the suspension of your driving privileges. Moreover, it may be surprising to discover that violations do not necessarily need to occur while you are driving, nor do they have to be vehicle related at all. A driver’s license may be taken away for the following reasons:

  • Traffic Violations: Three or more violations are received within a 12 month (one year) period;
  • Failure to Appear in Court: or otherwise take care of your traffic citation on or before your court date;
  • Parking Violations: 10 or more parking violations;
  • Failure to Pay Child Support: The “Deadbeats Don’t Drive” Act makes it possible for your license to be suspended due to non-payment of court ordered child support payments;
  • Tollway Violations: If you do not pay your tollway fees, you will be susceptible to violations and more than five violations, you may be facing suspension;
  • Safety Responsibility: If the Illinois Secretary of State (SOS) finds you at fault for an accident and you do not have liability insurance, you may then face up to two years of license suspension;
  • Underage Drinking: The legal drinking age is 21 years of age; 
  • Use of a Fake ID: This is a serious charge and may result in suspension among other consequences; and
  • DUI: A conviction of a DUI either due to alcohol, drugs, or even prescription medication can be penalized with a suspension. 

Penalties

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Abraham Lincoln A lawyer’s time and advice are his stock and trade. -Abraham Lincoln
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Davi Law Group, LLC handles criminal law matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Kendall County and Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Carol Stream, Darien, Downers Grove, Elmhurst, Geneva, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lisle, Lombard, Naperville, Oak Park, Oak Brook, Oswego, Park Ridge, Roselle, St. Charles, Villa Park, Warrenville, Wheaton, Winfield, Woodridge and Yorkville.

 

 

 

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