Legal Question in Criminal Law in Illinois

Underage Drinking

I drank a glass of wine before going to a party. I got a drinking ticket two weeks before said party, so I was not drinking at this party. Two undercover police officers came, and soon after uniformed police men came. We were told to take tickets or breathalyzers, but if we blew onything over 0 we were going to jail. The person who had the kegs was 21, I was not drinking from them, but I was scared the wine on my breath mught show up. I have heard that you can't be sent to jail from a town ordinance (which is what this is) and was wondering if the police were allowed to give me a ticket,even though I was not drinking at that party, or even threaten us with jail. Please let me know if anything that the police did seems wrong as I am trying to get out of this ticket because I was not consuming alcohol at this party.


Asked on 10/17/05, 8:56 pm

1 Answer from Attorneys
Kirsten Becker Kirsten Becker, Attorney

Re: Underage Drinking

In Illinois just consuming or possession of alcohol by a minor is a violation of the criminal code - it is not an ordinance. It does not matter if you drank the wine at the party or before the party you still consumed it. If you had more than a 0 then the police would have arrested you, processed you and you could have posted bail, so yes they would have taken you to jail but just for the processing not for a jail term.

You might want to talk to an attorney given that you did not take the breathalyzer because it might be useful to know what evidence the police have. Remember the State has to prove you are guilty, just being at the party may not be enough.

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Answered on 10/19/05, 1:47 am


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