Published in Criminal Law by Chris Eskew on March 15, 2024.
It’s common knowledge that driving under the influence of alcohol is against the law. However, what fewer people know is that driving with an open container of alcohol is also illegal.
If you face a violation of the open container law in Indiana, having an experienced attorney by your side can make the difference in your case. At Eskew Law, our dedicated criminal defense attorneys handle all types of vehicle crimes, including DUIs and open container violations. Contact us today.
What Is the Open Container Law in Indiana?
Indiana’s open container law, explicitly prohibits anyone operating a motor vehicle, including boats, cars, trucks, and 18-wheelers, from having an open container of alcohol within reach of the driver. However, this law does not apply to individuals traveling in motor homes. Violations of this law can result in fines and possible license suspension.
In this context, an “open” container is one that:
- Has been opened;
- Has a broken seal; or
- Has had some of the contents removed.
However, to violate the Indiana open container law, the vehicle must be on a public road and in motion. Thus, drinking in a parked car is not against the law; however, it may still draw an officer’s attention. A violation of the open container laws in Indiana is a Class C infraction, but if you are the driver of the vehicle and were consuming alcohol, you will face a Class B infraction. Neither of these infractions is a moving violation. Of course, receiving a citation for an open container violation does not prevent the government from bringing DUI charges against you as well.
Exceptions to the Indiana Open Container Law
In some situations, having an open container in a motor vehicle is not an infraction. Typically, these exceptions cover situations where, despite a driver’s best efforts, it would be almost impossible to comply with the open container laws. If the facts surrounding your arrest fit within an exception, an experienced Indiana criminal defense attorney can help you challenge the infraction.
For example, it is not against the law to have an open container in a transport vehicle, such as an Uber, Lyft, or taxi. Having an open container of alcohol in the living quarters of a recreational vehicle is also permitted. It is also not a violation to keep an open container in a locked compartment, such as a center console.
Finally, keeping an open container behind the last upright seat or in another area that is not typically occupied by a passenger is not prohibited. However, this only applies if your car does not have a trunk. For example, this exception applies if you are driving a sport utility vehicle that doesn’t have a separate truck area.
Are You Facing an Indiana Open Container Violation?
If police recently arrested you for having an open container of alcohol in the car, reach out to Eskew Law. Our dedicated Indiana criminal defense attorneys provide each of our clients with one-on-one representation to help ensure that you get the best possible resolution to your case. Contact us to learn more and to schedule a free consultation with one of our Indiana juvenile defense attorneys.
