(A) Except as provided in division (C) below and in Sections 6-6.5 and 6-33 of the Liquor Control Act of 1934, no person shall 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 division (C) below and in Sections 6-6.5 and 6-33 of the Liquor Control Act of 1934, 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 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 minimotor home as defined in ILCS Ch. 625, Act 5, § 1-145.01. 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 the 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 ILCS Ch. 625, Act 5, § 6-104.
(D) Any driver who is convicted of violating division (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 ILCS Ch. 625, Act 5, §6-206.
(E) Any driver, who is less than 21 years of age at the date of the offense and who is convicted of violating division (A) of this section or a similar provision of a local ordinance, shall be subject to the loss of driving privileges as provided in ILCS Ch. 625, Act 5, §6-205 paragraph 13, and ILCS Ch. 625, Act 5, §6-206(a), paragraph 33.
(ILCS Ch. 625, Act 5, § 11-502) Penalty, see § 70.99
Cross-reference:
Use or possession of open liquor on public ways, 134.01