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What vehicles are exempted from the open container laws?

On Behalf of | Nov 12, 2024 | DUI

In the United States, drivers are prohibited by law from having open containers of alcohol in the vehicle. This is meant to curb the risk of impaired driving and promote road safety. 

However, certain vehicles may be exempted from this rule under specific circumstances. Under both federal law and Illinois law, drivers of these vehicles may be exempt from penalties provided the open container of alcohol is not within the driving area of the vehicle.

Chartered buses

These are vehicles specifically hired for private events, where passengers may consume alcohol as long as it remains within the passenger area and away from the driver. This exemption is intended for occasions where a designated driver operates the vehicle, making sure the driver remains uninvolved in any alcohol consumption and focused on road safety.

Limousines

Limousines are often rented for special occasions where passengers in the rear compartment may consume alcohol. As long as the driver is separated from the passenger area and alcohol remains in the back, this setup helps keep the driver uninvolved and alert.

Vehicles used for transportation for pay (like taxis)

Taxis and rideshare vehicles that transport passengers for hire may allow passengers to carry open containers, provided the driver does not have access to the alcohol. This allows flexibility while protecting the driver from any impairment risks while allowing passengers their freedom.

Living quarters of motor homes, campers and recreational vehicles

In motor homes, campers or recreational vehicles, open containers are often allowed within the living quarters. This exemption is due to the distinction between the driving area and the residential space, permitting occupants to consume alcohol responsibly when the vehicle is parked or used as temporary lodging.

While passengers’ open containers may be allowed away from the driver’s area, and preferably behind a partition, drivers still need to take care not to take chances. Otherwise, they may end up with a DUI charge.

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