Warning to Uber and Lyft Drivers: Automatic DUI if Your Rider Has Open Alcohol

“Whoa,” I said to my Uber rider as he approached from the golf course clubhouse with an open Corona can.  “Sorry,  but no open alcohol in the car.”

“Oh man,” he said with a slight slur.  “I’m drinking it, not you.”  It was an unseasonably warm Sunday evening in a leafy Chicago suburb.

“Sorry, but Illinois has an automatic DUI law.  If we get pulled over and there’s open alcohol anywhere in the car, I get a DUI.”

“I don’t think that’s right,” the man, dressed like he’d played a few rounds of golf before downing many rounds of beer, said.

“I’ll wait here if you want to finish it.”

“OK.”  He swigged the beer, then, left the empty can on the curb.

***

I am not an attorney, but legal sites say forty states have open container laws. For example, Illinois statute 625 ILCS 5/11-502 says:

 (a) Except as provided in paragraph (c), 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.
    …
     (c) This Section shall not apply to the passengers in a limousine when it is being used for purposes for which a limousine is ordinarily used, …. For the purposes of this Section, a limousine is a motor vehicle of the first division with the passenger compartment enclosed by a partition or dividing window used in the for-hire transportation of passengers… [1]

That means an Uber or Lyft driver can be charged with an automatic DUI if a rider transports an open container of alcohol.  Unless there is a partition between the driver and rider such as are common in limousines, you could face a six month suspended license, loss of Uber and Lyft driving privileges, and $10,000 of fines and attorney fees simply because you allowed a rider to bring his open beer can in.  It doesn’t matter if didn’t drink anything nor even if the rider didn’t drink while in your car.  Open alcohol = DUI, it’s that simple.

Drivers should carefully look at each entering rider to see if they’re carrying alcohol into the car. Many try. In fact, more than a few of my rides are “out and backs” where a rider goes from home to the local Shell gas station for “smokes and a six-pack,” has me wait, and then, returns home with the loot.

***

“Sorry,” I said.  “But, I can’t have alcohol in my car.  Illinois automatic DUI law.”

The young male rider lugged a 12-pack of Busch beer.  “Aw, it’s not open.”

“Sorry, but I’m not comfortable with any alcohol inside of the car.  I’ll put it in the hatchback.”

“Alright,” he said.  I exited the car and took his beer from him, placing it in the back of my car.

***

I will never allow the transport of closed alcohol containers, either.  The reason is a rider could- and a drunk quite possibly will- pop open a can.  All it takes is once to get a DUI so I have zero tolerance for alcohol in the car.  Some riders complain.  I imagine I earn bad ratings from some, but no $7 Uber ride fare is ever worth a DUI.

Most riders are understanding, although a Logan Square 20-something recently was upset I made him put his open bottle of wine in my hatchback.  “The cork is in!”

It doesn’t matter.  The Illinois statute says the seal must be “unbroken”.  A corked half-empty bottle still means disaster.

***

“Dude!” said the middle-aged man with a laugh.  “Did you know you have two bottles of beer back here?”

His wife laughed as they held up two bottles for me to see.  They were expensive craft IPA, too; someone has good taste.   It was a busy Friday night and they’d entered my Uber from a restaurant on a popular area stretch of Lincoln Avenue on Chicago’s north side.  I had driven people to and from restaurants and bars for hours.

“No,” I said.  “I have no idea how that got in here.  I look at every rider entering the car.  I didn’t see anyone with beer bottles.”

The man said, “Do you want these bottles?”

“Yes, I’ll put them in back.”  I drank the tasty IPA in the following week, but far away from my car.

Each driver needs to be wary of every rider.  In the dark and when groups of three and four enter your vehicle at once, you might miss a can or bottle.  Despite my careful checking, twice now some rider has carried alcohol in without my noticing.  Alcohol could sneak in via a backpack or purse.  My recommendation to other drivers is you cannot be too careful.  Never back down when a drunk rider swears you’re wrong and the law is okay with riders having open alcohol.  There’s too much at risk.  You could lose your license; you could go to jail.  Cancel the ride if they won’t cooperate.

[1] https://www.lawserver.com/law/state/illinois/il-statutes/625_ilcs_5_11-502