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In most states it is illegal to possess an open container of an alcoholic beverage in the passenger area of a motor vehicle on a public roadway or on the shoulder of a public roadway. These open container laws vary from state to state and a few states allow a passenger to possess and consume an alcoholic beverage in a motor vehicle.

Open container offenses are usually charged as a misdemeanor or as an infraction, and penalties may include a fine, driver’s license suspension, and jail time.

Open container laws are located in a state’s statutes—often in the penal or criminal code, the transportation code, or the motor vehicle code.

In Illinois, it is illegal under the Illinois Vehicle Code (625 ILCS 5/11-502) to possess an open container of alcohol in the passenger area of a motor vehicle on a public highway. This applies to both drivers and passengers. The 'passenger area' is considered any area readily accessible to the driver or passengers while in their seating positions, including the glove compartment. However, the law does not apply to passengers in certain vehicles such as limousines, chartered buses, or motor homes. Violating the open container law in Illinois is typically a petty offense, which may result in a fine. More severe penalties, such as driver’s license suspension or jail time, are generally reserved for repeat offenders or if the open container violation is coupled with other offenses, such as driving under the influence (DUI).

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Criminal charges

open container

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Criminal charges

open container