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CHAPTER 15. OPEN ALCOHOLIC BEVERAGE CONTAINERS; CONSUMPTION OF ALCOHOL IN MOTOR VEHICLES

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IC 9-30-15 Chapter 15. Open Alcoholic Beverage Containers; Consumption of Alcohol in Motor Vehicles IC 9-30-15-1 "Alcoholic beverage" defined Sec. 1. As used in this chapter, "alcoholic beverage" has the meaning set forth in IC 7.1-1-3-5. As added by P.L.53-1994, SEC.11. IC 9-30-15-2 "Container" defined Sec. 2. As used in this chapter, "container" has the meaning set forth in IC 7.1-1-3-13. As added by P.L.53-1994, SEC.11. IC 9-30-15-3 Open alcoholic beverage container during operation of motor vehicle; Class C infraction Sec. 3. (a) This section does not apply to the following: (1) A container possessed by a person who is in the: (A) passenger compartment of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation; or (B) living quarters of a house coach or house trailer. (2) A container located in a fixed center console or other similar fixed compartment that is locked. (3) A container located: (A) behind the last upright seat; or (B) in an area not normally occupied by a person; in a motor vehicle that is not equipped with a trunk. (b) A person in a motor vehicle who, while the motor vehicle is in operation or while the motor vehicle is located on the right-of-way of a public highway, possesses a container: (1) that has been opened; (2) that has a broken seal; or (3) from which some of the contents have been removed; in the passenger compartment of the motor vehicle commits a Class C infraction. (c) A violation of this section is not considered a moving traffic violation: (1) for purposes of IC 9-14-3; and (2) for which points are assessed by the bureau under the point system. As added by P.L.53-1994, SEC.11. Amended by P.L.33-1997, SEC.15; P.L.1-2000, SEC.14; P.L.209-2005, SEC.1. IC 9-30-15-4 Consumption of alcohol while operating a motor vehicle; Class B infraction Sec. 4. The operator of a motor vehicle who knowingly consumes an alcoholic beverage while the motor vehicle is being operated upon a public highway commits a Class B infraction. As added by P.L.53-1994, SEC.11.
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  • IC 9-30-15
         Chapter 15. Open Alcoholic Beverage Containers; Consumption of Alcohol in Motor Vehicles

    IC 9-30-15-1
    "Alcoholic beverage" defined
        
    Sec. 1. As used in this chapter, "alcoholic beverage" has the meaning set forth in IC 7.1-1-3-5.
    As added by P.L.53-1994, SEC.11.

    IC 9-30-15-2
    "Container" defined
        
    Sec. 2. As used in this chapter, "container" has the meaning set forth in IC 7.1-1-3-13.
    As added by P.L.53-1994, SEC.11.

    IC 9-30-15-3
    Open alcoholic beverage container during operation of motor vehicle; Class C infraction
        
    Sec. 3. (a) This section does not apply to the following:
            (1) A container possessed by a person who is in the:
                (A) passenger compartment of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation; or
                (B) living quarters of a house coach or house trailer.
            (2) A container located in a fixed center console or other similar fixed compartment that is locked.
            (3) A container located:
                (A) behind the last upright seat; or
                (B) in an area not normally occupied by a person;
            in a motor vehicle that is not equipped with a trunk.
        (b) A person in a motor vehicle who, while the motor vehicle is in operation or while the motor vehicle is located on the right-of-way of a public highway, possesses a container:
            (1) that has been opened;
            (2) that has a broken seal; or
            (3) from which some of the contents have been removed;
    in the passenger compartment of the motor vehicle commits a Class C infraction.
        (c) A violation of this section is not considered a moving traffic violation:
            (1) for purposes of IC 9-14-3; and
            (2) for which points are assessed by the bureau under the point system.
    As added by P.L.53-1994, SEC.11. Amended by P.L.33-1997, SEC.15; P.L.1-2000, SEC.14; P.L.209-2005, SEC.1.

    IC 9-30-15-4
    Consumption of alcohol while operating a motor vehicle; Class B infraction      Sec. 4. The operator of a motor vehicle who knowingly consumes an alcoholic beverage while the motor vehicle is being operated upon a public highway commits a Class B infraction.
    As added by P.L.53-1994, SEC.11.

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