Are There Any Defenses To Public Intoxication And Similar Charges?
First and foremost, the prosecution has to prove, beyond a reasonable doubt, that you were intoxicated. If you do not say anything incriminating at the scene and a breath test is not administered, it is very hard for the state to prove their case.
What Are The Open Container Laws In Illinois?
In Illinois, you are not allowed to have any open alcohol in your vehicle, unless it is locked in the trunk. You can have one drip left in an empty beer can and that is considered an open intoxicant in a vehicle. Even if you are the passenger, you can get be charged. If you’re the driver, you can be charged, even if your passenger is the one with the container. If you get two open intoxicant convictions in one year in Illinois, your driving privileges will be revoked for a year.
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