Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is
being amended, the text of the existing provision will appear in this style type, additions
will appear in this style type, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
this style type reconciles
conflicts between statutes enacted by the 2004 Regular Session of the General Assembly.
Be it enacted by the General Assembly of the State of
SECTION 1. IC 9-30-15-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3.
operator of (a) This section does not apply to the
(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 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 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;
to be in the passenger compartment of the motor vehicle
commits a Class B Class C 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.
(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.