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The Open Container Laws in Indiana

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Indiana takes operating a motor vehicle while intoxicated (OWI) very seriously. It also prohibits acts that it thinks may contribute to impaired drinking, such as having an open container of alcohol in the vehicle while operating a motor vehicle. Even if you are not charged with OWI, you can still face significant penalties if you are believed to have violated the open container laws in Indiana and you should contact our DUI lawyers in Indianapolis today.

What Is Indiana’s Open Container Law?

Indiana Code § 9-30-15-3 prohibits operating a motor vehicle with an open container of alcohol in it. Specifically, the law states that anyone in a motor vehicle in motion on the right-of-way of a public highway cannot possess a container in the passenger compartment that has been opened, has a broken seal, or has had some of the contents removed. Notably, you can be charged with this offense even if you did not drink any alcohol from the container. The act of possessing the open container is enough to satisfy a conviction for the offense. Also, you can be charged with the offense even if you are a passenger in the vehicle and not driving.

Penalties for Violating the Open Container Law

The potential penalties you face will depend on the circumstances. If you are found in possession of an open container, you can be charged with a Class C infraction, which carries a penalty of a fine of up to $500. This is also a moving infraction, so it can add points to your driving record. This can affect your insurance rates for years to come. If you have accumulated too many points, you can lose your driving privileges.

If you drink an alcoholic beverage while operating a motor vehicle, you can face a Class B infraction. This offense carries a potential penalty of a fine of up to $1,000, up to 180 days in jail, and six points on your driving record.

Open container violations are treated separately from any underlying OWI charges, so if you are found to have driven a motor vehicle while impaired by alcohol or with a BAC of 0.08 percent or above, you can face OWI charges. A first OWI offense is punishable by up to one year in jail, a fine of up to $5,000, and a license suspension of up to two years.

Defenses to Open Container Violations

The open container law includes specific language and technicalities. There are situations when you should not be charged with the offense, such as if the alcohol was:

  • Sealed and unopened
  • Stored somewhere that can’t be accessed while driving, such as the trunk
  • In a motor vehicle designed primarily to transport persons for hire, such as in a party bus
  • In a motor home
  • In a fixed center console that is locked
  • In a container located behind the last upright seat or an area not normally occupied by a person

If these technicalities do not apply, you may have other defenses to your case. For example, you could have been borrowing the vehicle and not known there was an open container in it. An experienced Indianapolis criminal defense lawyer can help evaluate the defenses that apply to your case.

Contact Our Experienced Criminal Defense Lawyers for a Free Legal Consultation

If you have been charged with violating Indiana’s open container law, The Criminal Defense Team can help. We offer a free consultation you can take advantage of by calling (317) OUR-TEAM.