Is it illegal to have an open container of alcohol in your vehicle?
DUI ATTORNEY IN ST. CHARLES, ILLINOIS - JOSEPH S. ANGELILLO
Here in Illinois, it is illegal for an open container of alcohol to be present in your motor vehicle. The consequences of being found with an open container of alcohol can vary dependent on the specific individual. Additionally, it can also carry with it additional ramifications which could lead to additional charges being filed against you. This post is being made to examine the current open container laws in the State of Illinois.
ILLINOIS OPEN CONTAINER LAWS
According to 625 ILCS 5/11-502, it is illegal for any individual to transport, carry, or possess alcohol in the passenger compartment of their vehicle. That doesn't just extend from the front of the vehicle, but all throughout the vehicle. There are exceptions for limousines, motorhomes, and chartered buses provided that the driver of said vehicles does not have open containers of alcohol in or around their compartment.
Additionally, I'm sorry school bus drivers but you do not qualify for an exemption - write your local congressman.
Transportation of alcohol must have the alcohol in a sealed (unopened) bottle. Meaning that that flask you got for being a groomsman is not a proper container. Anything other than a sealed and unopened bottle runs afoul of the law, and can lead to serious consequences.
PENALTIES FOR ILLEGAL TRANSPORTATION OF ALCOHOL IN AN OPEN CONTAINER
If the State convicts you of illegal transportation of alcohol in an open container, you may have to pay court fines and costs up to $1,000.00. Additionally, the conviction will result in points being added against your driver's license (a conviction of this kind adds 25 points to your total score).
If you are convicted a second time over the course of your lifetime, your license will be suspended for a year. If the second conviction occurs within 12 months of the first conviction for this offense, your license will be revoked by the Secretary of State.
Additionally, having an open container of alcohol in your vehicle can lead to additional ramifications. If the container is spotted by the officer in plain view, meaning that the officer discovered it merely by looking inside of your vehicle, it can be used as a reason to conduct a further investigation into whether or not you are currently intoxicated while operating your motor vehicle. If the officer decides to proceed in their investigation, it opens the door to potentially more charges being added against you dependent on the officer's findings.
OPEN CONTAINER'S OF ALCOHOL - UNDER 21 YEARS OLD
If the driver of the vehicle is found to be in possession of an open container of alcohol and is under the age of 21, then there is a mandatory suspension of their driving privileges for one year. If that same individual obtains a second conviction, then their driving privileges are revoked.
CONTACT ANGELILLO LAW FOR YOUR FREE CONSULTATION
If you've been charged with illegally transporting alcohol in your vehicle, contact me today for a free and confidential consultation of your case. You can contact me directly utilizing the form below.