alcohol

July 7, 2017

Underage Drinking in Chicago

by Law Offices of David L. Freidberg, P.C.

The prosecutor or defending attorney who deals with underage drinking in Chicago is probably one of the busiest in the business. This is a law that catches the people who are most vulnerable to breaking it. At the moment, the minimum drinking age is 21 years, but some consider it too high with the suggestion for a reduction to as low as 16 years of age. It is important to note that this is a law that not only captures those who infringe on it directly but also parents who host the offenders. That means that legal ramifications of underage drinking can go beyond merely arresting and releasing an impulsive teenager.

There are certain unique parts of the law that are designed to capture the realities of life in Chicago. For example, recognition is given to the fact that some parents legitimately allow their children to drink alcohol as part of religious ceremonies. The provision comes with a supervisory requirement, which otherwise makes it a crime. Therefore, the parent must be supervising the child when he or she is consuming alcohol for religious purposes. Moreover, such activity must only take place within the confines of the family home and nowhere else. Otherwise, it is still a crime.

Responsibilities and Terms

May 12, 2017

Open Container Laws in Chicago

by Law Offices of David L. Freidberg, P.C.

Public consumption is a controlled activity. The laws relating to public intoxication in Chicago are designed for the express purpose of protecting the public from the effects of alcohol and other drugs. In any case, anyone that is caught with a DUI and a blood alcohol level that exceeds 0.08 is immediately liable for prosecution. The open container laws mean that you can be charged even if you did not consume the product. The implicit assumption is that there is no other legitimate reason for opening a container of alcohol unless you intend to consume it. Clever defending attorneys may try to play about with the syntax of the statute but the spirit of the law is clear.

The statute states that it is illegal to transport, carry or possess any container with alcohol when they are within a passenger area of a car whilst on a highway. Those who are still opening cans of beer and placing them in the cup holder as they drive are actually committing an offense, even if they can prove to the court that they never actually drank the alcohol. Even more heinous is the idea of holding the can in one hand whilst driving. Not only does that break the rules on public consumption of alcohol, but it is also potentially dangerous driving, which is taken seriously by the courts.

A Complex Law that Captures Both Drivers and Passengers

May 10, 2017

Minor in Possession (MIP) in Chicago

by Law Offices of David L. Freidberg, P.C.

Chicago has instituted a number of stringent requirements for children or minors being in possession of alcohol. The Minor in Possession (MIP) laws are unique in they focus on the one with parental or supervisory responsibility as being an exception clause. For teenagers, the MIP laws tend to capture those who are drinking and driving whilst under age. The penalties will typically also include the suspension of the driver’s license in order to reflect the specific circumstances in which this crime is committed. The law is written in such a way that you can be charged with Minor in Possession infringements even if you were not drinking at the time. The key constituent elements of the crime are all about carrying alcohol rather than just consuming it.

There has been some discussion as to whether the law has a built-in privacy provision that would protect dwelling places from prosecution. This is in addition to the usual political process of legislating. In reality, most of the enforcement takes place on the road or in bars/public drinking places. Unless the information about the crime was discovered during an alternative investigation, it is not a given that the law enforcement agencies will invade the privacy of your home in order to assess whether you are in contravention of the Minor in Possession laws. The specific wording of the law says that the law is intended to capture those who have alcohol on them in a public place or a place that is open to the public when they are not 21 years of age.

Possible Penalties and Sanctions