If I’m 18 years old and am in a car with a 21 year old, could I get a ticket for his open beer if we are pulled over?

Could I get breathalyzed in result of being a passenger with a 21 year old that has an open beer?

Asked on August 31, 2014 under Criminal Law, Illinois


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

State laws prohibit open alcoholic drinks / containers in cars. Period. If you are pulled over the Police will have the discretion to write you a ticket (most likely an MIP). Breathalyzers are given drivers to justify DUI/DWI offenses.  Passengers are not generally tested that way.  

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