Party foul

James Brisbon, a recent Urban Prep graduate, likes to party.

His high school even sponsors parties complete with security, a dress code and strict no-drinking regulations. But in spite of that option, Brisbon still attends classic house parties to really throw down.

Drinks are not provided at the parties Brisbon attends. He says he usually sees partygoers “take care of their business before the party” because the police could be tipped off at any moment and start carting teens off to the station. Only once has Brisbon been at a house party when the police dropped by, and luckily for him, there were no legal consequences involved.

Other CPS students haven’t been so lucky. In March 2009, ABC News reported that police arrested 27 students for underage drinking—19 of whom were Whitney Young students—at a Super 8 motel near Peoria.

So, what happens when you’re busted?

Well, first, it must be established that the underage person was “in possession” of alcohol according to the Illinois legal system definition. According to Illinois Circuit Court Associate Judge Pamela Hughes Gillespie, that means “you can exert control over (the alcohol). If it is sitting on a table in front of you, you could be charged in possession of the alcohol or drugs. If it is in a coat you are wearing, that isn’t yours, you could be found in possession.”

Teens found to be in possession of alcohol or drugs, or intoxicated, face several legal consequences—and they can be pretty steep.

“If someone in the city of Chicago arrests you, they can charge drinking underage as a misdemeanor or give you a ticket,” Gillespie says, adding that one beer could warrant a $500 fine and $130 court fee.

More stringent consequences apply if one is “in possession” of illegal substances in a car.

“If you’re the driver and you’ve got alcohol, and you are found guilty of illegal transportation, a conviction would result would result in a 12-month suspension,” says Henry Haupt, a spokesman for the Secretary of State.

But that’s not all. After the suspension is over, a hearing officer will review the case and decide whether the driver’s license should be reinstated. Even teens who are just passengers in a car with alcohol could see their driving privileges revoked.

“If you’re a passenger, and you’re found possessing illegally, or consumption, that would result in a six-month suspension of your own driver’s license,” Haupt says.

Where do these consequences stem from? Statistics. The 2008 Illinois Crash Facts and Statistics study showed that 60 teen drivers died that year as a result of drinking alcohol or hanging out with people drinking alcohol.

Not only is an arrest for underage drinking expensive and requires time-consuming substance abuse classes or community service, but also it’s probably going to be a black mark on your criminal record forever.

After you pay your fine or do your service, you could ask the court to expunge, or remove, the violation from your permanent record. But Gillespie, the judge, says those instances are rare. The Whitney Young students cited in Peoria were temporarily suspended from school and had to appear in court Downstate to sort out their legal problems.

What’s more, your parents could need a lawyer if they allow underage drinking in their homes. According to the “Use It or Lose It” Web page, about Illinois’ zero-tolerance law, parents who “knowingly allow individuals under age 21 to drink in their home” can face up to one to three years in prison and a fine of $25,000. That doesn’t include private lawsuits filed by the upset parents of teens who party at your house.

Schools such as Hinsdale Central and Francis W. Parker have drug policies to deal with underage drinking and drug use.

Tom Paulsen, interim principal at Hinsdale Central, said he had to deal with a few incidents of off-campus drinking during the past school year. He said that no suspension or expulsion could occur if the violation didn’t happen on school grounds. But, he said, “students could get privileges taken away, losing up to a quarter of the season if you’re an athlete.”

Charles Owens, Parker’s Dean of Students, said the school doesn’t take matters of teen drinking lightly. He said underage drinking could be considered a major offense because it “has the potential to disrupt or discredit the community.” Parker students arrested for underage drinking face drug testing, drug counseling, compromised free time, search of lockers or suspension.

Administrators hope those severe consequences deter students from drinking while they’re away from school supervision.

“If schools can use whatever leverage they have available to keep students away from those behaviors, they should,” Paulsen said.