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.