Indiana Code

Ind. Code § 9-30-15-3 (2026)

Open alcoholic beverage container during operation of motor vehicle; Class C infraction

✓ current as of May 2026

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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.

(1) for purposes of IC 9-14-12-3; 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; P.L.198-2016, SEC.605.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 2000–2023 · leading case: Swanson v. State, 730 N.E.2d 205 (Ind. Ct. App. 2000).

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Swanson v. State, 730 N.E.2d 205 (Ind. Ct. App. 2000). · cites it 2× “At the suppression hearing, Officers Stuff and Prugh testified that while they were returning from bike patrol, they observed a vehicle park and “as soon as the ear stopped the passenger side door and driver’s side door opened up and both occupants placed alcoholic beverage[s]…”

Rodney W. Falls v. State of Indiana, 130 N.E.3d 618 (Ind. Ct. App. 2019). · cites it 2× “Code § 9-30-5-2 (a), with an open alcoholic beverage container, I.C. § 9-30-15-3, or without proper registration.”

Ryan K. Powell v. State of Indiana (Ind. Ct. App. 2012). · cites it 2× “§§ 9-21-8-2; -49; Count IX, open alcoholic beverage container during operation of a motor vehicle, a Class C infraction, I.C. § 9-30-15-3; and Count X-XIII, child restraint system violation, Class D infractions, I.”

Nakia Durham v. Commonwealth of Virginia (Va. Ct. App. 2023). “5/11-502; Ind. Code Ann. § 9-30-15-3 ; Iowa Code Ann.”

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