Trying to transport alcohol in IL or MO? Here’s a refresher on what is and isn’t legal
Driving under the influence of alcohol is illegal in the U.S., and 330 people were killed in alcohol-related crashes in 2021, according to the 2023 Illinois DUI Fact Book.
But state law differs on if and when passengers may lawfully have and consume alcohol in vehicles, and drivers who violate Illinois’ provision on the issue may face suspension of their license.
Here’s what to know about legally transporting alcohol in Illinois and Missouri.
Illinois law on transporting alcohol
According to Illinois law, “no driver may 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.”
There are exceptions, however, including:
Passengers in a limo, when the limo is being used “for purposes for which a limousine is ordinarily used”
Passengers in a chartered bus, when it is being used for purposes for which a chartered bus is normally used
When in a mobile home or mini mobile home
Regardless of the type of vehicle, drivers are prohibited from consuming alcohol or having any alcohol in or around the driver’s area.
A driver who violates this law for a second or subsequent time within one year will have their driving privileges suspended, the law says. If the driver actually consumes alcohol, additional penalties apply.
What about cocktails to go in Illinois?
Illinois Gov. J.B. Pritzker recently extended a COVID-era provision allowing cocktails and single servings of wine to be sold to go in the Land of Lincoln. The law was previously going to expire Jan. 3, 2024, is now set to expire Aug. 1, 2028.
The to-go mixed drinks and single servings of wine may only be lawfully sold or delivered by an employee of the retail licensee who is at least 21 years old and has a valid Beverage Alcohol Sellers and Servers Education and Training license, Illinois law says.
The employee must verify the customer is at least 21 years old and is not intoxicated to legally complete the sale.
Those taking cocktails or single wine servings home in Illinois must put them in the trunk of the vehicle, or in vehicles without trunks, in the rear area of the vehicle where the drink is not readily accessible to the passenger area. To-go containers of alcohol may not be placed or transported in the vehicle’s passenger area, the state law reads.
Missouri law on transporting alcohol
Missouri state law does not prohibit passengers from holding open containers in vehicles, according to Show Me Rights, a website provided by the Missouri Bar.
“There is no state wide open container law in Missouri. This means there is no state law prohibiting passengers in a vehicle, who are otherwise of legal age, to drink in a vehicle,” the Missouri Bar reports. “While there is no state wide law, there are many cities and towns across the state that do prohibit the act with local ordinances, so do not assume it is legal where you are located. The driver is never allowed to have an open container.”
This story was originally published October 20, 2023 at 11:18 AM.
