Citations Affected: IC 9-30.
Synopsis: Open alcoholic beverage containers. Makes it a Class B
infraction for the driver of a motor vehicle, while the motor vehicle is
in operation or while the motor vehicle is located on the right-of-way
of a public highway, to allow an alcoholic beverage container that has
been opened, that has a broken seal, or from which some of the
contents have been removed to be in the passenger compartment of the
motor vehicle. Provides certain exceptions.
Effective: July 1, 2003.
January 7, 2003, read first time and referred to Committee on Transportation and
February 11, 2003, amended, reported favorably _ Do Pass.
A BILL FOR AN ACT to amend the Indiana Code concerning
SECTION 1. IC 9-30-15-3, AS AMENDED BY P.L.1-2000,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 3. (a) This section does not apply to the
(1) The possession of a container by a person who is not the driver of a motor vehicle:
(A) in the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation; or
(B) in the living quarters of a house coach or house trailer.
(2) A container located in a locked glove compartment.
(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.
operator driver 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 or while the motor vehicle is located on the
right-of-way of a public highway, 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.
(c) 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.