Is it illegal to have a learners permit and have someone that is 21 riding passenger that has been drinking?
It is not illegal to have a learner's permit, regardless of whom is riding where.
But what I think you are really asking: Generally, the restrictions on a learner's permit require that a licensed driver above a certain age who is able to take control be in the vehicle. You'll have to check your state laws to figure out exactly what is required (it's probably in your driving manual). If the only other person in the car is drunk, they are not capable of taking control, and therefore you would violate the restrictions of your permit by driving with only them.
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