Illinois Alcohol Related Laws and Regulations

Where to Buy Alcohol

Alcohol can be purchased from private retailers, as well as grocery and convenience stores. The closing times vary and are at the discretion of local authorities. Alcohol cannot be sold before noon on Sunday in many parts of the state.

 
Legal Age for Drinking/Serving Alcohol

The legal drinking age is 21, as it is in all states. This age requirement carries through to both transporting and selling alcohol at package stores in many countries as well. Those who work as restaurant servers and bartenders can be 18 years of age.

Open Container Laws

If an alcohol container has been previously opened, it must be transported in a car’s trunk to comply with open container laws prohibiting drinking in a vehicle by either the passengers or driver.

BAC Limits

Any driver testing .08 perfect BAC (blood-alcohol content) or higher is subject to driving under the influence (DUI) charges. This evidence will be sufficient proof in a court. A BAC of .08 percent or higher makes the driver is ‘per se intoxicated’ in the law’s point of view.

As drivers under the legal age of 21 may not have any blood-alcohol content upon testing, they are subject to DUI penalties if they do.

If the driver has a BAC of .20 or more over the limit of .08 percent, or if the driver refuses to comply with BAC testing, stricter penalties will be prescribed.

Penalties

To receive a driver’s license, the potential driver must agree to abide by the ‘implied consent laws.’ According to these laws, the driver will, upon request of a law enforcement officer, show their driver’s license and proof of insurance. The driver must also agree to comply with chemical testing for alcohol content through breath, blood, or urine.

If it is found that the driver was over the legal limit, the DMV (Department of Motor Vehicles) can suspend a driver’s license for DUI for 90 days for the first offense, one year for the second offense, and the suspension times are at the discretion of the court system for the third offense.

If the driver receives a second DUI conviction, the state of Illinois may require the installation of an ignition interlock device to a driver’s vehicle at the driver’s expense. Third-time DUI offenders in Illinois can potentially have their vehicle confiscated, meaning a significant expense for the convicted driver. Treatment or assessment for alcohol abuse may be required for anyone convicted of DUI.

After the third conviction, DUI is a felony.