Legal Question in DUI Law in Indiana

Re: Open Container Law

No, not if you were driving while drinking from the open container.

IC 9-30-15-3

Sec. 3. The operator of a motor vehicle who has an alcohol

concentration equivalent to at least four-hundredths (0.04) gram of

alcohol per one hundred (100) milliliters of the blood, or per two

hundred ten (210) liters of the breath, and who, while the motor vehicle

is in operation, knowingly allows a container:

(1) that has been opened;

(2) that has a broken seal; or

(3) from which some of the contents have been removed;

to be in the passenger compartment of the motor vehicle commits a

Class B infraction. If a person is found to have a previous unrelated

judgment under this section or a previous unrelated conviction or

judgment under IC 9-30-5 within twelve (12) months before a violation

that results in a judgment under this chapter, the court may recommend

the person's driving privileges be suspended for not more than one (1)

year.

As added by P.L.53-1994, SEC.11. Amended by P.L.33-1997, SEC.15;

P.L.1-2000, SEC.14.

IC 9-30-15-4

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.