Understanding Illinois DUI and alcohol service laws is crucial for hospitality professionals. This guide covers everything from DUI penalties and dram shop liability to alcohol delivery rules, liquor license requirements, and record-keeping obligations. Learn how Serving Alcohol’s Illinois BASSET On-Premise and BASSET Off-Premise Alcohol Certification Courses protect employees and businesses from risk, fines, and litigation. Our Illinois BASSET On-Premise Training is required for bartenders, servers, or managers in Illinois who work in bars, nightclubs, restaurants, or at events. Our BASSET Off-Premise Certificate Training is required for those who sell alcohol in liquor stores, grocery stores, or convenience stores.
Minimum Age to Sell and Serve Alcohol in Illinois
The minimum age to serve alcohol in Illinois is 18 years old, provided the establishment holds a valid liquor license and is supervised by a person 21 years old or older. Employees under 21 may not mix or pour alcoholic beverages, though they can deliver drinks to tables.
To sell alcohol in off-premise settings (such as grocery or liquor stores), employees must also be at least 18 years old under 235 ILCS 5/6-16.
Dram Shop Laws in Illinois
Illinois imposes strict liability under the Dram Shop Act (235 ILCS 5/6-21). This means that if an establishment sells or serves alcohol to a person who later causes injury or damage while intoxicated, the business can be held financially responsible—even without proof of negligence.
Dram Shop Penalties and Damages:
- The Illinois Liquor Control Commission (ILCC) updates annual dram shop liability limits.
- For 2025, the maximum recovery for personal injury claims is over $85,000 per individual and $105,000 per accident (based on inflation indexing).
- Dram shop liability applies to bars, restaurants, clubs, liquor stores, and any licensed establishment that sells alcohol.
Illinois Dram Shop Case Law Example
In Simmons v. Homatas (2008), the Illinois Supreme Court affirmed dram shop liability when an intoxicated individual caused a fatal accident after being served at a strip club. The ruling emphasized establishments’ duty to refuse service and prevent foreseeable harm.
Minor-Related Alcohol Offenses
Minor in Possession (MIP)
It is illegal for anyone under 21 years old to purchase, possess, or consume alcoholic beverages. Violations may result in:
- Fines up to $2,500
- Driver’s license suspension for 6 months to 1 year
- Community service and alcohol education courses
Furnishing Alcohol to a Minor
Anyone who provides or sells alcohol to a person under 21 faces:
- Class A misdemeanor (up to 1 year in jail and $2,500 fine).
- If injury or death occurs, it becomes a Class 4 felony.
Minors on Licensed Premises
Minors are generally not allowed in areas where alcohol is served unless they are accompanied by a parent or guardian, or the establishment primarily serves food.
Happy Hour Laws
Illinois allows happy hour promotions, but with strict limitations under 235 ILCS 5/6-28:
- Discounted drink specials must be limited to 4 hours per day and 15 hours per week.
- Happy hour promotions must be posted in advance and not extended beyond midnight.
- “Two-for-one” and unlimited drink deals are prohibited.
- Discounted pricing cannot encourage excessive consumption or apply to specific genders (no “Ladies’ Night” discounts based on gender alone).
Violations can result in fines or suspension of liquor licenses.
Alcohol Delivery and Second-Party Sales
Alcohol delivery and online ordering are permitted in Illinois with proper licensing and compliance:
- Sellers must verify the recipient’s age at delivery using a valid, government-issued ID.
- Alcohol cannot be delivered to visibly intoxicated individuals.
- Third-party delivery services must partner with a licensed retailer and comply with ILCC regulations.
- Violations can result in fines, suspension, or revocation of the retailer’s license.
Liquor License Types in Illinois
Illinois issues several types of liquor licenses through the ILCC and local municipalities. Common types include:
- Class A – Tavern/Bar License: Allows on-premise consumption of beer, wine, and spirits.
- Class B – Restaurant License: Alcohol must be incidental to food sales.
- Class C – Package Sales (Off-Premise): For retail stores, liquor stores, and grocers.
- Class D – Club License: Private clubs serving members only.
- Special Event License: Temporary, limited-term permits for events, fairs, and festivals.
All establishments must display their liquor license in a visible area.
Record Keeping & Signage Requirements
Licensees must maintain accurate records of all alcohol purchases, sales, and employee training for a minimum of three years. The Illinois Liquor Control Commission may inspect records at any time.
Required Signage
- “No Sale to Minors” signs must be posted near cash registers.
- “We Card” or “Under 21 – No Alcohol Sales” posters should be visible at points of sale.
- Licensed venues must post Happy Hour Policy notices if they offer drink specials.
Failure to maintain proper records or signage may result in citations or fines from the ILCC.
What Happens When You Get a DUI in Illinois?
Under 625 ILCS 5/11-501, driving under the influence (DUI) occurs when a person operates or is in actual physical control of a motor vehicle while impaired by alcohol or drugs, or with a blood-alcohol concentration (BAC) of 0.08% or higher.
Illinois DUI Key Points
- A person can be charged even below 0.08% BAC if impairment is observed.
- “Actual physical control” includes being behind the wheel, even if parked.
- Refusal to submit to testing can result in immediate license suspension.
Can You Get a DUI on a Horse or Bike in Illinois?
Illinois DUI laws apply to motor vehicles, not bicycles or horses. However, overserving visibly intoxicated guests who then cause harm—even on non-motorized transport—can still lead to civil liability.
What Are the Penalties for a First DUI in Illinois?
A first DUI conviction in Illinois can result in up to one year in jail, fines up to $2,500, and a one-year license suspension.
What Happens After a Second or Third DUI in Illinois?
Second Offense
- Minimum 5-year license suspension.
- Minimum 5 days in jail or 240 hours of community service.
Third Offense
- Class 2 felony.
- 10-year license loss.
- Up to 7 years imprisonment and $25,000 fine.
Fourth & Fifth DUIs
- Class 2 or Class 1 felonies.
- Possible lifetime license revocation.
- 4–15 years imprisonment.
What Is an Aggravated DUI in Illinois?
A DUI becomes aggravated when aggravating circumstances exist, such as:
- BAC ≥ .16
- Driving without insurance or a valid license
- Transporting a child under 16
- Causing serious injury or death
Aggravated DUIs can carry penalties of up to 12 years imprisonment, and if fatal, much longer.
How Long Does a DUI Stay on Your Record in Illinois?
A DUI conviction in Illinois stays on your record permanently. Unlike minor traffic offenses, a DUI cannot typically be expunged or sealed. It affects driving privileges, insurance rates, and employability. Only court supervision for first-time offenders avoids a permanent criminal conviction.
What Happens to Your License After a DUI in Illinois?
- Statutory Summary Suspension: Takes effect 46 days after arrest if no appeal is filed.
- Ignition Interlock (BAIID): Required for most repeat offenders.
- Reinstatement: Possible after completing a DUI evaluation and risk education course.
FAQs About Illinois DUI Laws
Is a DUI a felony or misdemeanor in Illinois?
A first DUI is typically a misdemeanor. Repeated or aggravated offenses are felonies.
Can a DUI be expunged in Illinois?
Generally no. Convictions remain on your record for life.
Will I go to jail for my first DUI?
Possible—up to 1 year in jail and a $2,500 fine.
What happens if you get a DUI under 21?
Illinois enforces a zero-tolerance policy: any measurable BAC results in suspension.
Can you get a DUI on a bike or horse in Illinois?
Technically, no, but liability can still apply if an overserved person causes injury.
City-Specific Fun Facts & Must-Know Alcohol Laws in Illinois
Illinois liquor laws can vary by municipality. Whether you’re behind the bar in Chicago, managing a restaurant in Springfield, or running a store in Aurora, here are some interesting — and important — details to know.
Chicago: The City That Regulates Its Own Pour
- Chicago has its own Department of Business Affairs and Consumer Protection (BACP), which oversees liquor licensing and enforcement. Businesses must hold both a state and city liquor license to operate legally.
- The city enforces strict happy hour advertising rules — all drink specials must be clearly posted inside the establishment and not promoted in misleading ways.
- BYOB (Bring Your Own Bottle) is allowed in restaurants without a liquor license, but those establishments can still be held liable under Chicago’s dram shop ordinances if a guest becomes intoxicated.
- Chicago permits alcohol sales until 2 a.m. most days, with late-hour licenses extending to 4 a.m. for select bars.
- Fun fact: Chicago’s oldest continuously operating tavern license belongs to The Village Tap, dating back to 1933 — the end of Prohibition!
Springfield: Capital City with Capitol Rules
- In Springfield, package liquor stores and restaurants need separate local approvals before applying for a state license.
- The city has a unique “Caterer License” allowing off-site service at temporary events or private parties.
- Local law prohibits alcohol sales between 1 a.m. and 6 a.m., even on weekends.
- Fun fact: During the late 1800s, Springfield was home to over 100 saloons, earning it the nickname “The Wettest Capital in America.”
Aurora: Illinois’ Fastest-Growing Hospitality Market
- Aurora’s Liquor Commission enforces mandatory server training for anyone selling or serving alcohol — including bartenders, cashiers, and event staff.
- Establishments must renew local licenses annually and maintain records for at least three years.
- The city takes second-party sales seriously — no “pass-the-purchase” transactions (such as buying alcohol for an underage customer) are tolerated.
- Alcohol delivery is permitted with local and state licensing, but all deliveries must be completed by someone 21 or older.
- Fun fact: Aurora was one of the first Illinois cities to adopt electronic liquor license renewals through its municipal portal, streamlining compliance for business owners.
Best Practice Steps for Hospitality Businesses to Prevent Liability
- Train Every Staff Member
Enroll all servers and sellers in the Illinois BASSET On-Premise Alcohol Certification Training or the Illinois BASSET Off-Premise Course. - Establish Service Policies
Set drink limits, stop times, and documentation procedures for refusals. - Record & Review Incidents
Keep detailed logs and require management review after every notable event.
4. Stay Informed About Illinois DUI Laws
Update your team quarterly using Illinois State Police DUI resources.
Still Not Convinced?
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