Illinois Minor in Possession Laws

Online Alcohol Class offers the most comprehensive Minor in Possession classes available in Illinois. We offer Level 1 (8 hour), Level 2 (16 hour), and Level 3 (24 hour) web-based Minor in Possession and Minor in Consumption Courses.

Often students call our offices to inquire about the MIP laws in Illinois. As a courtesy, we've compiled the laws from every U.S. state and listed them below.

Please note that the Illinois minor in possession laws displayed below are intended to help help you to learn about your local Illinois laws. While we have tried to show the most up-to-date version of Illinois MIP laws, but we cannot guarantee its accuracy. This information is not a replacement for legal advice from a lawyer. It is in your best interest that you find an appropriate attorney for more information about Illinois MIP laws.

Illinois Minor In Possession Laws

Illinois Underage Possession of Alcohol

Possession is prohibited WITH THE FOLLOWING EXCEPTION(S):

  • Parent/guardian

Illinois Underage Consumption of Alcohol

Consumption is prohibited WITH THE FOLLOWING EXCEPTION(S):

  • Private residence
  • AND parent/guardian

Illinois Internal Possession by Minors

Internal possession is not explicitly prohibited.

Illinois Underage Purchase of Alcohol

Purchase is prohibited, but youth MAY PURCHASE for law enforcement purposes.

Furnishing Alcohol to Minors in Illinois

Furnishing is prohibited with NO EXCEPTIONS.

Minimum Ages for On-Premises Servers and Bartenders in Illinois

Beer: 18 for both servers and bartenders

Wine: 18 for both servers and bartenders

Spirits: 18 for both servers and bartenders

Minimum Ages for Off-Premises Alcohol Sellers in Illinois

Beer: 18

Wine: 18

Spirits: 18

False Identification for Obtaining Alcohol in Illinois

Provision(s) targeting minors:

  • Use of a false ID to obtain alcohol is a criminal offense
  • Penalty may include driver's license suspension through an administrative procedure

Provision(s) targeting suppliers:

  • It is a criminal offense to lend, transfer, or sell a false ID
  • It is a criminal offense to manufacture or distribute a false ID

Provision(s) targeting retailers:

  • Licenses for drivers under age 21 are easily distinguishable from those for drivers age 21 and older
  • Specific affirmative defense - the retailer inspected the false ID and came to a reasonable conclusion based on its appearance that it was valid

Blood Alcohol Concentration (BAC) Limits and Underage Operators of Noncommercial Motor Vehicles in Illinois

BAC limit: 0.00 - any detectable alcohol in the blood is per se (conclusive) evidence of a violation

Applies to drivers under age 21

Illinois Retail Sales: Keg Registration

Registration is not required.

Illinois Underage Driving Privileges: Use/Lose

Type(s) of violation leading to driver's license suspension, revocation, or denial:

  • Underage purchase
  • Underage possession
  • Underage consumption

Use/lose penalties apply to minors under age 21

Authority to impose driver's license sanction

  • Mandatory

Length of suspension/revocation: 180 days

Prohibitions Against Hosting Underage Drinking Parties in Illinois

Illinois has two Social Host laws:

Law #1: Social host law is not specifically limited to underage drinking parties.

  • Action by underage guest that triggers violation: Consumption

Property type(s) covered by liability law:

  • Residence

Standard for hosts' knowledge or action regarding the party: KNOWLEDGE - host must have actual knowledge of the occurrence.

Exception(s):

  • Family

Law #2: Social host law is not specifically limited to underage drinking parties.

  • Action by underage guest that triggers violation: Consumption

Property type(s) covered by liability law:

  • Other

Standard for hosts' knowledge or action regarding the party: OVERT ACT - host must have actual knowledge and commit an act that contributes to the occurrence

Notes: Illinois had a specific hosting provision, 235 Ill. Comp. Stat. 5/6-16(c), that was declared unconstitutional by the Illinois Supreme Court on December 5, 2002. See People v. Law, 782 N.E.2d 247 (Ill. 2002). Other hosting provisions remain in effect.

Until August 31, 2007, under 235 Ill. Comp. Stat. 5/6-16(a-1), a person committed a social host offense if one was a parent or guardian and permitted one's residence to be used by an underage invitee of one's child or ward in a manner that violated the statute. An offense under 235 Ill. Comp. Stat. 5/6-16(a-1) was deemed to have occurred if a parent or guardian knowingly authorized, enabled, or permitted the prohibited use to occur by failing to control access to either the residence or the alcoholic liquor maintained in the residence. Thus, the "preventive action" provision in Illinois required the prosecution to prove that the host failed to take preventive action. This preventive action provision was eliminated as of August 31, 2007. The prohibition continues to be limited to parents and guardians.

Under 235 Ill. Comp. Stat. 5/6-16(d), a person commits a social host offense by renting a hotel or motel room for the purpose of or with the knowledge that such room be used for the consumption of alcoholic liquor by underage persons.

Register Now