Can Passengers Be Charged With DUI in Illinois?

Jul 22, 2026

Can passengers be charged with DUI in Illinois? Attorney Joshua Boardman from Combs Waterkotte discusses everything you need to know about Illinois DUI criminal charges, including first-time DUI, second DUI, Illinois DUI laws, DUI defense strategies, CDL DUI charges, and more.

Combs Waterkotte is a leading criminal defense law firm serving Illinois and Missouri. Our Illinois defense attorneys will fight for your freedom and rights. If you are facing DUI charges anywhere in Illinois, we can help. Call us at (312) 500-HELP 24 hours a day, 7 days a week.

Interview Transcript

Scott Michael Dunn: Can passengers be charged with DUI in Illinois?

Joshua Boardman: Generally no, because there has to be evidence that you were operating the vehicle or had the opportunity to operate the vehicle. Generally, passengers are safe from DUI-style tickets. I mean, there’s still open container violations and things that can be attributed to having booze in your vehicle potentially, but they’re (the passengers) not going to be the one that’s the primary recipient of a DUI ticket.

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