Fighting an Underage Possession Charge
Many parents dropped their kids off at college last month, leaving them to largely make their own decisions and judgment calls for the better part of a year. While these kids are actually young adults, many of them are still younger than the legal drinking age of 21. Despite being underage, many college students find ways to purchase and possess alcoholic beverages—often, regularly. This opens them up to arrests and charges of underage alcohol possession.
Underage Alcohol Laws in Illinois
Like every other state, Illinois law makes it illegal for anyone younger than 21 to drink or possess alcohol. These are commonly called “minor in possession” laws, and there are only two exceptions for when minors can lawfully drink alcohol:
- A supervising parent allows the minor to drink in the privacy of a home; or
- As part of a religious ceremony or service
In any other circumstance, a minor with alcohol—even unopened—can face serious consequences. It does not matter if the minor had actually consumed alcohol or not.
All college students must remember that police can make an arrest at a traffic stop even if the minor was not actively drinking and driving at the time. Just having alcohol in the car, in a backpack, or otherwise in your possession is enough to charge you with underage alcohol possession. There are also related charges that often accompany underage possession, including:
- Driving under the influence (DUI)
- Presenting false identification to purchase alcohol
- Transporting or possessing open alcohol containers in a vehicle
If you or your child face one or more of these charges, call an experienced underage possession defense attorney immediately.
Possible Penalties
The penalties you face for underage possession will depend on which agency issues the charges—a local municipality or the state of Illinois. For instance, if police officers arrest a Wheaton College student just off campus, the student may face a Wheaton city ordinance violation or a state charge of underage possession in DuPage County criminal court. An ordinance violation can often result in a fine.
The state-level charge for a minor possessing and/or consuming alcohol is a Class A misdemeanor. This level of charge comes with the following maximum penalties for a conviction:
- Fines of $2,500
- One year in county jail
While a jail sentence is always a possibility for a Class A misdemeanor, our attorneys regularly and successfully keep our young clients out of jail. Judges can also agree to other sentencing options, including court supervision. This means you will serve a period of time under the supervision of the court. As long as you do not get into trouble during that time, you can have your charges dismissed without a conviction ever going on your record.
Avoid a conviction on your record whenever possible. Having any type of criminal record can make life difficult, especially for a young person with their whole life ahead of them. You may have to address your conviction with:
- Prospective employers
- Graduate or professional school programs
- Professional licensing boards
When we obtain court supervision for a client, they can then honestly answer “no” if a job, school, or professional license application asks if they have any criminal convictions.
Driver’s License Suspension
Illinois has a “Zero Tolerance” law for underage alcohol use, and this applies to underage possession or consumption as well as DUI. Any underage person who receives court supervision for a state possession charge will face a three-month driver’s license suspension by the Illinois Secretary of State. For a conviction, you can face a 12-month driver’s license suspension. This also holds true for city ordinance violations.
Not having a valid driver’s license can seriously inconvenience a college student, especially if they have a job off-campus or other obligations to which they must drive. This is yet another reason why it is imperative to have qualified defense representation whether you face criminal charges or an ordinance violation. By defending against the allegations, our attorneys are also helping you keep your driver’s license.
Defending Against Your Charges
When you call our law firm, an attorney will begin investigating the circumstances of your case to determine which legal defenses may be applicable. Some legal defenses in underage possession or consumption cases include:
- The beverage you possessed was not actually alcoholic
- An exception (as mentioned above) applied to the situation
- Someone else coerced you to drink alcohol, such as in fraternity hazing
- You did not have knowledge of the alcohol found in a vehicle or home where you were present
There are two types of possession—actual possession and constructive possession. Actual possession means the police found the alcohol under your direct control. You may be carrying the alcohol in your hand, have alcohol in your bag, or have it in a car that you are driving alone.
On the other hand, constructive possession simply implies that you had the ability to access or control the alcohol. Prosecutors may allege construction possession when there is alcohol in a car with four different people or at a house party. In such situations, we can call into question your knowledge of the presence of alcohol and argue that there was no constructive possession. These are only some of the many ways we can try to get your charges dismissed in underage possession cases.
Contact a DuPage County Criminal Defense Lawyer for the Help You Need
The experienced criminal defense attorneys at Kent Law, L.L.C., help clients of all ages who face a variety of criminal charges. We know that high school and college students can make errors in judgment, and such mistakes should not affect the rest of their lives. We work to defend against alcohol-related charges and limit the consequences young defendants face.
If you or your child got arrested, the time to call an attorney is now. Please contact a member of our legal team by calling (630) 474-8000 to learn how our DuPage County criminal defense firm can assist you.