The so-called Restoration Act was a federal program initiated more than a decade ago with the purpose of encouraging states to bring their open container laws in line with the federal standard, according to the National Highway Transportation Safety Administration (PDF).
NHTSA's theory was that by enforcing laws that prohibit open containers of alcohol in the hands of drivers and passengers, or within arm's reach of the driver, drunk driving would decrease.
Without open container laws, drivers legally can still drink alcohol while driving as long as they don't exceed the legal limit. But that's not the case in Illinois, so don't tell your Chicago DUI lawyer that you were "saving" that last half-beer for when you got home.
Illinois and 35 other states (including the District of Columbia) complied with the rules detailed in 23 USC 154. Those states that failed to comply had a portion of federal funds otherwise earmarked for highway improvements diverted to alcohol-impaired driving countermeasures.
While it might seem obvious, NHTSA points to data suggesting a correlation between open container laws and lower drunk driving rates. Most of the states conforming to the federal open container law guidelines showed a marked decrease in drunk driving incidents just six months after implementing them.
Fatal crash rates decreased an average of 5.1 percent in states that pass open container laws, according to Mothers Against Drunk Driving (M.A.D.D.).
M.A.D.D. provides a fairly succinct explanation of why open container laws are important in the effort to prevent impaired driving:
Having a ban on only consumption while driving or an open container law that applies only to the driver makes it too easy for the driver to pass the alcohol to a friend or put it in the back seat when pulled over.
As in other states compliant with federal open container standards, Illinois law allows open containers of alcohol only in the trunk of a car (or otherwise inaccessible while the vehicle is in operation).
Related Resources:
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Open Container Law (FindLaw)
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An Illinois Drunk Driving Conviction Can Change Your Life Forever (FindLaw KnowledgeBase)
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Find a Chicago DUI Attorney (FindLaw)
