What is Transportation or Possession of Alcohol in a Motor Vehicle?
625 ILCS 5/11-502 prohibits possessing alcoholic liquor within the passenger area of a motor vehicle driving on a roadway unless the alcohol is in the original container and with the seal unbroken. this applies to both the driver (625 ILCS 5/11-502(a)) and any passengers (625 ILCS 5/11-502(b)).
Exceptions to this Rule
This statute does not apply to passengers in a limousine, charter bus, or motor home when used for its ordinary purpose. The driver of any such vehicle is prohibited from consuming or having any alcohol in the driver's area. 625 ILCS 5/11-502(c)
What are the Potential Penalties for Transportation or Possession of Alcohol in a Motor Vehicle?
What Class Offense is Transportation or Possession of Alcohol in Motor Vehicle?
Transportation or Possession of Alcohol in a Motor Vehicle is a Petty Offense.
Possible Sentences: Court Supervision, Conditional Discharge, or Probation
Transportation or Possession of Alcohol in a Motor Vehicle does allow for a sentence of court supervision 730 ILCS 5/5-6-1(f). You can receive up to six (6) months of court supervision, conditional discharge, or probation for a violation of this offense. 730 ILCS 5/5-4.5-75.
Do I Have to Complete Driver Improvement School?
Maybe. A judge can require you complete driver improvement school, a defensive driving class, or even a victim impact panel if they feel it would be an appropriate condition for your sentence.
Could I be Sentenced to Jail?
No, petty offenses are not punishable by jail time.
How Much Could I be Fined?
A petty offense carries a maximum fine of one thousand dollars ($1,000.00). You may also be assessed court costs in addition to any fine. 730 ILCS 5/5-4.5-75(a)
Could my Driver's License be Suspended or Revoked?
Your Driver's license could be suspended or revoked based upon several factors:
Under 21 Years Old
If you are under 21 years old and the driver of a vehicle that receives a first conviction for this offense, the Secretary of State may suspend your license. 625 ILCS 5/6-206(a)(33).
If you are under 21 years old and receive a second conviction for this offense, the Secretary of State will revoke your driver's license. 625 ILCS 5/6-205(a)(13)
Second Conviction
If you are over 21 years old and receive a second conviction within 1 year of the first conviction for this offense, The Secretary of State may suspend your license. 625 ILCS 5/6-202(a)(23)
Commercial Driver's License
If you have a Commercial Drivers License (CDL), a traffic ticket could lead to suspension or revocation of your CDL privileges.
Closing Thoughts
Transportation or Possession of Alcohol in a Motor Vehicle can lead to suspension or revocation of your driver's license, CDL, or changes to your insurance rate.
Every case is unique. It is essential to consult with an attorney who can help you determine your best options moving forward. An attorney can review the facts of your case and the evidence against you to help determine the best course of action for you and your case.
If you have received a traffic ticket, we can help. Our firm has defended traffic tickets in the Chicagoland area for over 30 years. Call our office for a free consultation if you have received a ticket in DuPage, Cook, Lake, Kane, Will, McHenry, or Kendall County.