Driver's License Test Prep
Illinois Practice DUI & Impaired Driving

Illinois law about drinking alcoholic beverages inside a moving vehicle says that:

  1. A.
    Both the driver and any passenger can be cited Correct
  2. B.
    Only the person actually drinking can be ticketed
  3. C.
    Alcohol is fine as long as the driver is not drinking
  4. D.
    Passengers age 21 and older may drink freely
The Why

The answer is "Both the driver and any passenger can be cited"

In an ordinary passenger vehicle, it's illegal for anyone to drink, and the manual says both the driver and any passenger may be cited. Chartered nonschool buses, motor homes, mini motor homes, and limousines are the only exceptions. Choice B is the trap for a driver who assumes staying sober is enough to avoid a citation, mistaking this rule for a personal-conduct offense that only tickets the drinker.

Why the others miss

The traps in the wrong answers

B. Only the person actually drinking can be ticketed

The manual lets police cite both the driver and any passenger, not just the person doing the drinking. This answer reads the ban as a personal-conduct offense aimed at the drinker, treating the citation the way a public-intoxication ticket works instead of a shared-responsibility rule inside a passenger car.

C. Alcohol is fine as long as the driver is not drinking

The prohibition bars anyone in the covered vehicle from drinking; a passenger's open drink can still bring citations for both of you. This answer confuses the open-container rule with the DUI rule, assuming the driver's own sobriety is the only alcohol test that matters inside the car.

D. Passengers age 21 and older may drink freely

Being 21 covers who may possess alcohol at all, but in an ordinary passenger vehicle adult passengers still can't drink. The manual exempts only chartered nonschool buses, motor homes, mini motor homes, and limousines. This answer applies the 21-and-over drinking-age rule to the in-vehicle prohibition, assuming that being of legal drinking age also grants the right to drink in a passenger car.

The Rule

This question tests your knowledge of DUI & Impaired Driving in Illinois. Source: Illinois Rules of the Road, "Illegal Transportation of Alcoholic Beverages/Open Container," p.51..

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