DuPage County Underage Drinking Attorney

Compassionate Underage DUI Lawyer

In Illinois, Consumption/Possession of Alcohol by a Minor is a serious offense. Any person under the age of 21 who is suspected of having consumed alcohol, or who is observed in possession of alcohol can be charged with a crime in the adult legal system. If you or someone you know has been charged with underage drinking or underage consumption, you need legal representation from an attorney that understands your situation and will fight on your behalf.

For over 20 years, Attorney Stacey A. McCullough has been representing clients facing allegations of underage drinking and possession in DuPage County, Cook County, Kane County, Will County, and throughout the Chicagoland area. Stacey understands the impact an underage drinking or consumption charge may have on your future education and employment opportunities, as well as on your driving privileges.

Illinois Underage Drinking/Consumption Laws

In Illinois, the legal drinking age is 21. If you are under 21 and attempt to purchase alcohol with a fake ID, you face arrest and a multitude of criminal charges that can range from a misdemeanor charge of Possession of Alcohol by a Minor to a felony offense of Possession of a Fraudulent ID. If you are under 21 and present at a house party that is busted, even if you were not drinking, you can be charged with Possession of Alcohol by a Minor in many local jurisdictions solely for being present.

If a police officer smells the odor of alcohol on your breath, even if you deny drinking and refuse a breath test, you can still be arrested and convicted of Consumption of Alcohol by a Minor. It is NOT a defense that you only had one sip, or are not legally intoxicated (over .08), and the result can be a criminal record and suspension of your driving privileges, even if you were not driving at the time. In addition, parents or guardians who knowingly allow underage drinking in their home can face felony charges if the result is great bodily injury or death.

Illinois Zero Tolerance Law

If you are given court supervision for a charge of Consumption/Possession of Alcohol by a Minor, the Illinois Secretary of State will suspend your driving privileges for 3 months. A conviction will result in a 6 month suspension. This is the case even if you are charged under many local ordinances and not State Law

• Exemptions exist for consuming alcohol in a religious service or with a prescribed medicine
• If you are driving after having consumed alcohol with a BAC of more than .00, for a first offense your driving privileges will be suspended for 3 months, a second offense will result in a 1 year suspension.
• If you are charged with DUI you will be prosecuted under the adult criminal laws and not in juvenile court.

If you or your child is facing an underage drinking charge in Illinois, you should not fight this battle alone. Contact our firm for an Initial Attorney Meeting at 630-871-1700. We will assess your case and work to minimize the penalties faced. Our law firm represents clients in criminal legal cases, traffic violations, juvenile defense cases and expungements throughout the Chicagoland area; including Wheaton, Naperville, Downers Grove, St. Charles, Elgin, Aurora, Maywood, DuPage County, Kane County, Will County, and Cook County.