A minor can be charged in Illinois for simply possessing alcohol, with no drinking required. There does not need to be an open container, a breath test, or any sign of intoxication. Having it is enough for a criminal charge, and the charge is a Class A misdemeanor, the most serious misdemeanor class in the state.
If your son or daughter was charged with underage drinking in 2026, a Kane County underage drinking defense lawyer can explain what the state has to prove and what outcomes keep this charge from becoming a permanent record.
What Does Illinois Law Say About Underage Possession of Alcohol?
Illinois addresses underage alcohol possession in 235 ILCS 5/6-20. Subsection (d) states plainly that no one shall buy, receive, or have possession of alcoholic liquor under age 21. A violation is a Class A misdemeanor, which carries up to 364 days in jail and a fine of up to $2,500. Notice that possession and consumption are listed as separate things. A young person who never took a sip can still be charged.