Click on the links below for the LAWS AND PENALTIES of underage drinking on both minors and adults:
Penalties for Using a Fake ID
Underage Drinking Penalties and Alcohol Possession Laws
Just the Facts (an overview for licensees)
UNDER 21? The Bottom Line on FAKE ID's...
IT IS ILLEGAL to assist in obtaining or to fraudulently obtain, distribute, use, or possess a fraudulent state ID card/driver’s license. Your driving privileges can be suspended for up to one year or revoked for a minimum of one year.
The State of Illinois has the discretionary authority to suspend or revoke driving privileges without a conviction of any person who violates the laws governing fake driver’s licenses and state ID cards, or from anyone caught in possession of another person’s driver’s license or state ID card.
You can be convicted of a CLASS A MISDEMEANOR punishable by up to one year in jail and fines up to $2,500 FOR ANY OF THE FOLLOWING:
- Lending a license or state ID to a friend or knowingly allowing someone (such as a younger sibling) to use it.
- Displaying or representing as one’s own any driver’s license or ID card issued to another person.
- Possessing a fictitious driver’s license or identification card (“fictitious” means a license containing untrue information produced by the Illinois Secretary of State or another state/federal government office).
- Possessing, transferring or providing any identification document, whether real or fictitious, for the purpose of obtaining a fictitious ID card or driver’s license.
- Altering or attempting to alter a driver’s license, state ID.
- Any subsequent conviction of above is a Class 4 felony.
You can be convicted of a CLASS 4 FELONY punishable by one to three years imprisonment and fines up to $25,000 FOR ANY OF THE FOLLOWING:
- Possessing a fraudulent Illinois driver’s license or ID card (“fraudulent” means a license or ID card produced by someone other than a government office).
- Possessing security equipment to reproduce a govern-mental issued identification card or driver’s license.
- Advertising, distributing, manufacturing, or selling a fraudulent driver’s license.
- Any subsequent conviction of the aforementioned is a Class 3 felony punishable by up to seven years in prison and fines of up to $25,000.
Click for printable PDF flyer with above FAKE ID info
Lo que Tienes que Saber Acerca de ID Falsas (PDF in Spanish)
Underage Drinking Penalties and Alcohol Possession Laws...
ALCOHOL + MINORS = PENALTIES:
Providing alcohol to an individual under the age of 21: Maximum $2,500 fine and up to a year in jail for a misdemeanor offense. Felony offense can result in a prison sentence of a year or more and fines up to $25,000.
NEW SOCIAL HOST LAW! It is a $500 minimum fine (with a maximum $2,500 fine and up to one year in jail) to knowingly allow underage drinking to occur at a private residence. If serious injury or death occurs because of this activity, individuals are subject to a Class 4 felony (up to three years in prison and fines up to $25,000).
Possession, consumption, purchase, or receipt of alcohol by an individual under the age of 21 years of age:
3-month suspension of driving privileges for court supervision, 6 mos. for first conviction, 1 year for second conviction, and license revocation for subsequent convictions.
Illegal transportation of alcohol in an automobile by an individual under the age of 21: Transporting alcohol is illegal, and anyone in the vehicle can be charged with a maximum $1,000 fine. For the driver, the penalty is mandatory driver’s license suspension for one year on the first offense, and mandatory one-year revocation for subsequent offenses.
UNDERAGE DRINKING & DRIVING:
“USE IT AND LOSE IT” — ZERO TOLERANCE
(Blood Alcohol Content over 0.0 while driving a vehicle)
- 1st OFFENSE: Three-month suspension of driving privileges; six-month suspension with refusal of alcohol testing.
- 2nd OFFENSE (before age 21): One-year suspension of driver’s license; two-year suspension with refusal of testing.
NEW LAW! To obtain driving relief, you MUST be 18+ years old, serve 30 days of “hard” suspension, and drive a Breath Alcohol Ignition Interlock Device (BAIID) equipped vehicle. Driving without a BAIID is a Class 4 felony. Penalties include a minimum of 30 days in jail (or 300 hours community service), up to three years in prison, and fines up to $25,000.
D.U.I. ARREST DRIVING SANCTIONS
(BAC of at least .08%, a showing of other drugs, or refusing to submit to alcohol or drug testing)
- 1st OFFENSE: Six-month suspension of driving privileges; one-year suspension with refusal of testing.
- 2nd OFFENSE (within 5 years): One-year suspension of driving privileges; three-year suspension with refusal of testing. No driving relief possible.
UNDERAGE D.U.I. CONVICTIONS
- 1st CONVICTION: Up to one year in jail and fines up to $2,500. Two-year minimum revocation of driver’s license. Not eligible for driving relief until the second year.
- 2nd CONVICTION: Up to one year in jail and fines up to $2,500. Revocation of driver’s license for minimum five years or until age 21, whichever is longer. Mandatory minimum im-prisonment of five days (or 240 hours of community service).
- AGGRAVATED DUI (any DUI resulting in a felony charge, including a DUI resulting in great bodily harm or death; a third or subsequent DUI conviction; or committing a DUI without a valid license, permit, or insurance). Penalties include: Imprisonment of up to 14 years for DUI resulting in the loss of life; Imprisonment of up to 28 years for multiple fatalities; Felony charges vary for offense from a Class 4 felony (one to three years imprisonment) to a Class X felony (6-30 years); Minimum revocation periods vary for offense from a minimum of one year to mandatory life.
Click for printable PDF flyer with above underage DRINKING/POSSESSION/D.U.I. info
Just the Facts (an overview for licensees)
Age requirements and ID laws for alcohol in Illinois. It is against Illinois law to sell or distribute alcoholic beverages to individuals under 21 years of age. Liquor licenses may be revoked and criminal sanctions imposed on licensees and individuals for violating provisions of the law. All alcohol sellers and servers have the right to refuse to sell or serve alcoholic beverages to anyone unable to produce adequate written proof of identity and age.
Sales and Delivery:
- It is unlawful to sell, serve, deliver or give alcoholic beverages to a person under 21 years of age or to any intoxicated person. Violation of this provision is a Class A Misdemeanor. Penalty: Minimum $500.00 fine (maximum $2,500.00); jail sentence of up to one year. Liquor licenses can also be fined, suspended, or revoked.
- Illinois law prohibits any person, after purchasing or obtaining alcoholic beverages, from selling, giving or delivering those alcoholic beverages to any individual under the age of 21 years. Violation of this provision is a Class A Misdemeanor. Penalty: Minimum $500.00 fine (maximum $2,500.00); jail sentence of up to one year. Liquor licenses can also be fined, suspended, or revoked.
- It is unlawful to sell, give or deliver alcohol to an intoxicated person. Violation of this provision is a Class A Misdemeanor. Penalty: Minimum $500.00 fine (maximum $2,500.00); jail sentence of up to one year. Liquor licenses can also be fined, suspended, or revoked.
Purchase/Possession/Consumption:
- Illinois law prohibits the consumption of alcoholic liquor by any person under 21 years of age, which is a Class A Misdemeanor. Penalty: The person under 21 years of age is subject to a minimum $500.00 fine.
- A person under the age of 21 is prohibited from possessing alcoholic beverages on the street, highway or any public place or in any place open to the public. Violation of this provision is a Class A Misdemeanor. Penalty: Underage person is subject to a minimum $500.00 fine and (if applicable) additional enhanced penalties for illegal transportation of open liquor.
- Illinois law prohibits persons under 21 years of age from purchasing, possessing, consuming and/or accepting a gift of alcoholic beverages, except under the direct supervision and approval of the parent(s) in the privacy of a home or during a religious ceremony. Violation of this provision is a Class A Misdemeanor. Penalty: The person under 21 years of age is subject to a minimum $500.00 fine and 25 hours of community service, preferably as part of an alcohol abuse prevention program.
False Identification:
- To prevent sales and/or service of alcoholic beverages to individuals under the age of 21, the licensee, its agent, or an employee has the right to refuse to sell or serve alcoholic beverages to anyone unable to produce adequate written proof of identity and age.
- Adequate proof of age and identity of an individual in Illinois is a document issued by a federal, state, county or municipal government including, but not limited to, a driver’s license, selective service card or an Armed Services identification card. Note: All “Under 21” Illinois driver's licenses and identification cards are in a vertical design and include a red bar indicating the date of when the holder turns 21.
- Proof that written identification was demanded, shown and reasonably relied upon may be used as a defense in criminal and/or license revocation proceedings unless the identification shown was known by the licensee to be fraudulent when shown.
Remember: When in doubt about a customer's age, carefully checking identification
is the most direct way to prevent illegal underage sales of alcoholic beverages.
