TRAFFIC CODE
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by another person required to visit the
facility under this chapter;
except for willful or grossly negligent acts intended
to, or reasonably likely to, result in the injury or
damage.
Chapter 15. Open Containers; Consuming
While Operating.
9-30-15-1.
“Alcoholic beverage” defined.
9-30-15-2.
“Container” defined.
9-30-15-3.
Open containers in passenger compartment.
9-30-15-4.
Consuming while operating.
9-30-15-1. “Alcoholic beverage” defined.
As used in this chapter, "alcoholic beverage"
has the meaning set forth in IC 7.1-1-3-5.
9-30-15-2. “Container” defined.
As used in this chapter, "container" has the
meaning set forth in IC 7.1-1-3-13.
9-30-15-3. Open containers in passenger
compartment.
(a) This section does not apply to the follow-
ing:
(1) A container possessed by a person,
other than the operator of the motor vehi-
cle, who is in the:
(A) passenger compartment of a motor
vehicle designed, maintained, or used
primarily for the transportation of per-
sons 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 compart-
ment 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) Aperson 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 vehi-
cle commits a Class C infraction.
(c) Aviolation 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.
9-30-15-4. Consuming while operating.
The operator of a motor vehicle who know-
ingly consumes an alcoholic beverage while the
motor vehicle is being operated upon a public
highway commits a Class B infraction.
Chapter 15.5. Habitual Vehicular
Substance Offender.
9-30-15.5-1. “Vehicular substance offense” defined.
9-30-15.5-2. Procedure for filing enhancement; habitual
vehicular substance offender; enhanced term
of imprisonment.
9-30-15.5-1. “Vehicular substance offense”
defined [effective January 1,
2015].
As used in this chapter, “vehicular substance
offense” means any misdemeanor or felony in
which the operation of a motor vehicle while
intoxicated, operation of a motor vehicle in excess
of the statutory limit for alcohol, or operation of
a motor vehicle with a controlled substance or its
metabolite in the person’s body, is a material ele-
ment. The terms includes an offense under IC 9-
30-5, IC 9-24-6-15, and an offense under IC
9-11-2 (before its repeal).
9-30-15.5-2. Procedure for filing enhance-
ment; habitual vehicular
substance offender; enhanced
term of imprisonment [effective
January 1, 2015].
(a) The state may seek to have a person sen-
tenced as a habitual vehicular substance offender
for any vehicular substance offense by alleging,
on a page separate from the rest of the charging
instrument, that the person has accumulated two
(2) prior unrelated vehicular substance offense
convictions.
(b) For purposes of subsection (a), a person has
accumulated two (2) prior unrelated vehicular
