Section 625 ILCS 5/11‑502 of the Illinois Vehicle Code prohibits the transportation or possession of alcohol in a car under certain circumstances:

(a) Except as provided in paragraph (c), no driver may transport, carry, possess or have any alcoholic liquor within the passenger area of any motor vehicle upon a highway in this State except in the original container and with the seal unbroken.
(b) Except as provided in paragraph (c), no passenger may carry, possess or have any alcoholic liquor within any passenger area of any motor vehicle upon a highway in this State except in the original container and with the seal unbroken.
(c) This Section shall not apply to the passengers in a limousine when it is being used for purposes for which a limousine is ordinarily used, the passengers on a chartered bus when it is being used for purposes for which chartered buses are ordinarily used or on a motor home or mini motor home as defined in Section 1‑145.01 of this Code. However, the driver of any such vehicle is prohibited from consuming or having any alcoholic liquor in or about the driver's area. Any evidence of alcoholic consumption by the driver shall be prima facie evidence of such driver's failure to obey this Section. For the purposes of this Section, a limousine is a motor vehicle of the first division with the passenger compartment enclosed by a partition or dividing window used in the for‑hire transportation of passengers and operated by an individual in possession of a valid Illinois driver's license of the appropriate classification pursuant to Section 6‑104 of this Code.
(e) Any driver who is convicted of violating subsection (a) of this Section for a second or subsequent time within one year of a similar conviction shall be subject to suspension of driving privileges as provided, in paragraph 23 of subsection (a) of Section 6‑206 of this Code.
(f) Any driver, who is less than 21 years of age at the date of the offense and who is convicted of violating subsection (a) of this Section or a similar provision of a local ordinance, shall be subject to the loss of driving privileges as provided in paragraph 13 of subsection (a) of Section 6‑205 of this Code and paragraph 33 of subsection (a) of Section 6‑206 of this Code.

 

Open Alcohol Lawyers

It is illegal to transport any alcoholic beverage in the passenger area of a motor vehicle unless the liquid is in its original container and the seal is unbroken. A second or subsequent conviction of this section will generally result in a substantial driver’s license suspension. A driver under 21 years of age who is convicted of this section will also generally receive a driver’s license suspension.

 

There are also a great many other traffic offenses that deal with the transportation, consumption or purchase of alcohol by adults as well as minors. Although generally, a sentence of supervision is an acceptable sentence on most alcohol related offenses and does not result in the loss of driving privileges, this is not always correct. In particular, certain offenses that relate to alcohol and minors can result in the suspension of driving privileges, even if the sentence is a non-conviction, such as supervision. Of even greater surprise to many clients, as well as other attorneys who do not concentrate their practices in this area of traffic law, is that in some circumstances, a suspension may occur even though the offense did not involve a motor vehicle. As driving privileges often are at stake when charged with such a traffic offense, the services of a qualified attorney familiar with this area of law are vital.

 

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Mitchell S. Sexner & Associates LLC • Attorneys at Law since 1990

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