Q: Can the state change the drinking age?

A: Yes—buying beer or liquor is considered a privilege rather than a right.

Q: Can the drinking age be different for beer and liquor?

A: Yes. Many states have different ages.

Q: What is the drinking age in Illinois?

A: The drinking age in Illinois is 21 for all alcoholic beverages.

Q: What are some ways an underage person can violate Illinois’ drinking laws?

A: Underage drinkers violate the law when they:

• Possess alcohol on a public street or in a public place
• Drink alcohol, unless as part of a religious service or ceremony
• Lie about their age to get alcohol
• Occupy a residence and knowingly let someone under 21 possess alcohol
• Rent a hotel or motel room knowing that the room will be used for illegal drinking
• Carry, make, obtain, or copy a false identification card
• Operate a motor vehicle with any alcohol in their system

Q: If I’m underage, can I be in a tavern or other "drinking establishment?"

A: Yes, if you meet one of the following requirements:

• Local ordinance allows it
• You’re accompanied by a parent, guardian, or spouse of legal drinking age
• You’re employed there

Q: What are the penalties associated with underage persons and violations of Illinois' drinking law?

A:  OFFENSE: Illegal sale/furnishing of alcohol
PENALTY-FINE/JAIL: Up to $1000 and/or 364 days

OFFENSE: Illegal possession
PENALTY-FINE/JAIL: Up to $500 and/or 6 months

OFFENSE: Use of false identification card (can be charged as either a felony or a misdemeanor.)
PENALTY-FINE/JAIL: The penalty can range from a possible fine of $10,000 or 3 years in jail.

OFFENSE: Occupying a residence where people under 21 possess alcohol
PENALTY-FINE/JAIL: no more than $1000 and/or 364 days in jail

OFFENSE: Renting a hotel/motel room for illegal consumption
PENALTY-FINE/JAIL: penalty now up to $1000 and/or 364 days in jail

Q: What is the "zero tolerance" law?

A: This law provides that if you are driving a motor vehicle and have any amount of alcohol in your system and are under the age of 21, you are subject to penalties of license suspension from three months to two years.

Q: Does Illinois’ drinking law provide any special penalties for underage drinkers convicted of DUI?

A: Yes. If you’re under 21 and convicted of DUI, you can be ordered to participate in a program that includes visits to morgues to observe DUI accident victims or visits to facilities that treat DUI victims.

Q: Are there special laws that apply to people 18 or over who sell drugs to people under 18?

A: Yes. For those 18 or over, the Illinois Cannabis Control Act provides for a sentence of up to twice the usual maximum term for delivering cannabis to someone who is under 18 and at least 3 years younger than the deliverer. Those convicted under this law cannot be treated as first offenders, which means they lose the chance to have the conviction wiped from the record after a successful term of probation. Also, anyone 18 or older who delivers any controlled, counterfeit, or look-a-like substance to a person under 18 may also get twice the usual prison term. And, anyone who manufactures or delivers drugs on or within 1,000 feet of a school, park, or residential property owned by the state may suffer increased penalties, as may a person 18 or over who hires someone under 18 to manufacture or deliver drugs.

Q: Do any laws apply to drug paraphernalia?

A: Yes. Any one who deals in drug paraphernalia (pipes, roach clips, etc.) for profit may be fined up to $1,000 for each item. Anyone 18 years of age or over who sells or delivers such items to someone under 18 for profit commits a felony. Possession of drug paraphernalia is punishable by a fine of up to $1000 or 364 days in jail.

To download the full Becoming a Legal Adult Booklet, please click here.