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Information Maintained by the Office of Code Revision Indiana Legislative Services Agency
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, 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 9-14-3; 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; P.L.290-2013, 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.