Open container law for Indiana....

[40calPUNISHER]

I have always been under the impression that open containers would land you in jail but according to IC 9-30-15-3 it will not. So does this mean that passengers can consume alcohol?​

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

IC9-30-15-1>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.

IC9-30-15-2>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.

IC9-30-15-3>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.

IC9-30-15-4>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.

 

[Hawkeye]

Looks pretty clear to me. A passenger with an open container commits a Class C infraction.

What did you read that made you think otherwise?

 

[sonofagun]

As long as the passengers are in the trunk or in an area normally not used for passengers, you're right!

(ignoring Limos and taxis, of course)

 

[Militarypol21]

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...

When I hear “passenger compartment that is large enough to hold a person who is possessing an open container”, I think of any seat other than the driver seat. The way I read this IC, as long as the driver is not in possession of the open container it is legal for any passenger to have one or if the container is in a locked compartment inside the vehicle.

I have always thought the same way that an open container in a vehicle leads to jail time, but I heard not to long ago that the open container law has changed in Indiana. It would be nice if these ICs were clear enough for the 'average' person to understand.

 

[40calPUNISHER]

This ^

Looks pretty clear to me. A passenger with an open container commits a Class C infraction.

What did you read that made you think otherwise?

Clear as mud.

 

[40calPUNISHER]

In IC-9--30-15 it uses the word "consumption". But no where else does it say anything about 'consumption', and that is my question, is it ok for the passengers to consume alcohol?

 

[hoosierdaddy1976]

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...

When I hear “passenger compartment that is large enough to hold a person who is possessing an open container”, I think of any seat other than the driver seat. The way I read this IC, as long as the driver is not in possession of the open container it is legal for any passenger to have one or if the container is in a locked compartment inside the vehicle.

I have always thought the same way that an open container in a vehicle leads to jail time, but I heard not to long ago that the open container law has changed in Indiana. It would be nice if these ICs were clear enough for the 'average' person to understand.

the red part makes the difference. passengers can drink in a limo or taxi, not your personal car. this is just my take on what is written. ianal.

 

[Anonymous]

What if you have this bumper sticker?

 

[Kirk Freeman]

is it ok for the passengers to consume alcohol?

If they are in the back of the bus or limo.

This is why I make rhino wear a cap and drive me around Lafayette.

The statute is moronic and gives into the inane notion that drinking=intoxication.

 

[DRob]

I know, I know!

What if you have this bumper sticker?

"You might be a redneck"

 

[Kutnupe14]

I've never issued a citation for an open container for a passenger. I image that unless the passenger is a complete jackass, I never will. However, if a passenger is drinking in a person's vehicle. The driver will certainly be checked for sobriety.

 

[Militarypol21]

I guess I didn't understand the meaning of the "compensation" part but that makes sense.

 

[Stschil]

I guess I didn't understand the meaning of the "compensation" part but that makes sense.

So, Let me get this straight. If it's a hookers van, and she uses it for "work", the John can pop a top while she's heading to the dark park of the parking lot as long as he compensates her?
Kirk, clarification please.

 

[Kirk Freeman]

Great, now we are turning infractions into misdemeanors.

 

[beararms1776]

So, Let me get this straight. If it's a hookers van, and she uses it for "work", the John can pop a top while she's heading to the dark park of the parking lot as long as he compensates her?
Kirk, clarification please.

 

[a.bentonab]

Interesting. I was under the impression that an open container in the car means a ticket for the driver. But according to the statute it could very well be the passenger.

What about the seatbelt law? If a passenger in my car isnt buckled, would that mean a ticket for me or her assuming I'm driving? Can anyone cite it?