Public consumption is a controlled activity. The laws relating to public intoxication in Chicago are designed for the express purpose of protecting the public from the effects of alcohol and other drugs. In any case, anyone that is caught with a DUI and a blood alcohol level that exceeds 0.08 is immediately liable for prosecution. The open container laws mean that you can be charged even if you did not consume the product. The implicit assumption is that there is no other legitimate reason for opening a container of alcohol unless you intend to consume it. Clever defending attorneys may try to play about with the syntax of the statute but the spirit of the law is clear.
The statute states that it is illegal to transport, carry or possess any container with alcohol when they are within a passenger area of a car whilst on a highway. Those who are still opening cans of beer and placing them in the cup holder as they drive are actually committing an offense, even if they can prove to the court that they never actually drank the alcohol. Even more heinous is the idea of holding the can in one hand whilst driving. Not only does that break the rules on public consumption of alcohol, but it is also potentially dangerous driving, which is taken seriously by the courts.
A Complex Law that Captures Both Drivers and Passengers