§ 9-30-15-3 — Open alcoholic beverage container during operation of motor vehicle; Class C infraction

(a) This section does not apply to the
following:
(1) A container possessed by a person, other than the operator of
the motor vehicle, 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 9-14-12-3; and
(2) for which points are assessed by the bureau under the point
system.

Legislative History

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; P.L.290-2013, SEC.1; P.L.198-2016, SEC.605.