Quick Facts
Law Overview: The statute prohibits possession of open alcohol in the passenger area of a motor vehicle. This applies to both the driver and passengers, with exceptions for limousines, charter buses, and motor homes.
Sentencing Range:Â Petty Offense
Loss of License:Â Possible
Under 21:Â License suspension for a first conviction and revocation for a second.
21 and Over:Â License suspension after a second conviction within one year.
What You Need to Know About Alcohol in a Vehicle in Illinois
Being pulled over with alcohol in your car can quickly turn into a legal headache. Whether you’re a driver or a passenger, understanding Illinois' open container laws is crucial to avoid fines, court supervision, and even a suspended license.
As an experienced Illinois traffic attorney, I’ve helped many clients navigate this charge and minimize the impact on their record, license, and insurance. Let’s break down what you need to know.
What is Transportation or Possession of Alcohol in a Motor Vehicle?
Illinois law (625 ILCS 5/11-502) prohibits possessing alcoholic liquor within the passenger area of a motor vehicle while driving on a roadway unless the alcohol is in its original container with the seal unbroken. This applies to both the driver (625 ILCS 5/11-502(a)) and passengers (625 ILCS 5/11-502(b)).
Exceptions to this Rule
Yes, the law does not apply to passengers in:
Limousines
Charter buses
Motor homes (when used for their ordinary purpose)
🚨 Important: The driver of any of these vehicles is still prohibited from consuming or possessing alcohol in the driver’s area (625 ILCS 5/11-502(c)).
Penalties for Transportation or Possession of Alcohol in a Motor Vehicle
What Class of Offense is This?
This charge is a Petty Offense, which means no jail time, but fines and other penalties apply.
Possible Sentences
If found guilty, you could face:
Up to 6 months of Court Supervision. 730 ILCS 5/5-6-1(f)
Up to 6 months of Conditional Discharge or Probation. 730 ILCS 5/5-4.5-75
Up to $1000 in fines. 730 ILCS 5/5-4.5-75(a)Â
Driver Improvement School
Could this Charge Affect My Driver's License?
Yes, a conviction for this offense could result in your driver’s license being suspended or revoked.
Drivers Under 21 Years Old
First Conviction: The Secretary of State may suspend your driving privileges, and in practice, they almost always do. 625 ILCS 5/6-206(a)(33).
Second Conviction: If you are under 21 and receive a second conviction, the Secretary of State is required to revoke your driving privileges. 625 ILCS 5/6-205(a)(13)Â
Drivers Over 21 Years Old
Second Conviction Within One Year: If you are over 21 and receive a second conviction for this offense within one year, the Secretary of State may suspend your license, and in practice, they always do. 625 ILCS 5/6-202(a)(23)
Commercial Driver's License
If you hold a CDL, a conviction could lead to a suspension or revocation of your commercial driving privileges. Losing your CDL can have serious consequences for your job and livelihood.
What Should You Do If You’re Charged?
Why You Need a Lawyer for This Charge
You might think this is just a minor traffic ticket, but the consequences can add up quickly—from fines to license suspension and even increased insurance rates.
An experienced attorney can:
Evaluate your case and look for possible defenses
Negotiate with prosecutors to reduce or dismiss charges
Help you avoid a license suspension (especially for CDL holders and drivers under 21)
Ensure you don’t accidentally plead guilty to something that could impact you later
Call Today for a Free Consultation
If you’ve been charged with Transportation or Possession of Alcohol in a Motor Vehicle, call Fawell and Associates today for a free consultation.
With over 30 years of experience defending traffic offenses in DuPage, Cook, Lake, Kane, Will, McHenry, and Kendall Counties, we know how to fight these charges and protect your driving privileges.