Social Host Liability for Drunk Driving in Illinois

Last Updated: October 24, 2026

235 ILCS 5/6-21 gives a person injured in Illinois, in person or property, by an intoxicated person a claim against a person licensed to sell alcoholic liquor who, by selling or giving that liquor, causes the intoxication. The action is barred unless it is commenced within one year after the cause of action accrued.

The licensed-seller sentence is the statutory claim. A separate sentence covers a person at least 21 who pays for a hotel or motel room or facility knowing a person under 21 will use it for unlawful consumption, when that consumption causes the intoxication. A premises owner who knows alcoholic liquor will be sold there, or who knowingly permits a sale after leasing the premises for another purpose, can be liable with the seller.

Who is the licensed seller?

Section 6-21 names a person licensed under the laws of this State or of any other state to sell alcoholic liquor. The sale or gift may be within or without Illinois. The claim belongs to a person injured in this State, in person or property, by the intoxicated person. A private host who is not a licensee is outside that licensed-seller sentence.

What does section 6-16 say about alcohol and a person under 21?

235 ILCS 5/6-16(a)(i) says no licensee, and no officer, associate, member, representative, agent, or employee of the licensee, shall sell, give, or deliver alcoholic liquor to any person under 21 or to any intoxicated person, except as provided in section 6-16.1. Subsection (c) is a Class A misdemeanor for a person who knowingly permits a residence that person occupies to be used by an invitee under 21, when the occupant knows that person under 21 possesses or is consuming alcohol, and that possession or consumption is not otherwise permitted by the Act. Subsection (c) states that criminal penalty.

What about a hotel or motel room?

Section 6-21 also makes a person at least 21 liable when that person pays for a hotel or motel room or facility knowing a person under 21 will use it for the unlawful consumption of alcoholic liquor, and that consumption causes the intoxication. The liability runs to a person injured in person or property by that intoxicated person under 21.

What about the building owner?

A person who owns, rents, leases, or permits occupation of a building or premises, knowing alcoholic liquor will be sold there, is liable severally or jointly with the person selling or giving the liquor. The same liability applies to a person who leased the premises for another purpose and then knowingly permits a sale of alcoholic liquor that caused the intoxication.

What does the policy say?

Whether a homeowner policy or another policy pays is a question of that policy. Section 6-21 states the licensed-seller claim, the hotel or motel payer claim, and the premises claim. It does not set a homeowner policy limit.

If a driver had been drinking before the crash, Parker & Parker can read the facts against these sections.

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Frequently Asked Questions

Can I sue a party host in Illinois if their guest drove drunk and hit me?

Section 6-21 gives the claim against a person licensed to sell alcoholic liquor who, by selling or giving it, causes the intoxication. A private host who is not a licensee is outside that sentence. The hotel or motel payer sentence and the premises sentence are separate, and each one has its own facts.

Does social host liability apply if the host served alcohol to a minor?

Section 6-16(a)(i) prohibits a licensee, and the licensee’s officer, associate, member, representative, agent, or employee, from selling, giving, or delivering alcoholic liquor to a person under 21 or to an intoxicated person, except as section 6-16.1 provides. Subsection (c) states a Class A misdemeanor for the residence and invitee facts in that subsection. The one-year bar in section 6-21 still applies to an action under that section.

Is an employer liable for drunk driving after a company event?

If a person licensed to sell alcoholic liquor sold or gave the liquor and caused the intoxication, section 6-21 states that claim. The hotel or motel payer sentence and the premises sentence depend on their own facts.

What insurance covers a social host liability claim?

The policy states whether it pays. Section 6-21 states the licensed-seller claim, the hotel or motel payer claim, and the premises claim. It does not set a homeowner policy limit.

Dealing with injuries after a car crash can feel overwhelming. Our personal injury lawyers who handle car accident cases can guide you through every step of the legal process.

Need a lawyer? This article is part of our Peoria Car Accident Lawyer practice area. Call Parker & Parker at 309-673-0069 for a free consultation.

Social Host Liability for Drunk Driving Accidents in Illinois