In most states it is illegal to possess an open container of an alcoholic beverage in the passenger area of a motor vehicle on a public roadway or on the shoulder of a public roadway. These open container laws vary from state to state and a few states allow a passenger to possess and consume an alcoholic beverage in a motor vehicle.
Open container offenses are usually charged as a misdemeanor or as an infraction, and penalties may include a fine, driver’s license suspension, and jail time.
Open container laws are located in a state’s statutes—often in the penal or criminal code, the transportation code, or the motor vehicle code.
In Indiana, open container laws prohibit the possession of an open container of alcohol in the passenger area of a vehicle on a public highway. Indiana Code 9-30-15-3 states that a person who knowingly or intentionally has an open container of an alcoholic beverage in a passenger area of a motor vehicle while the vehicle is in operation on a public highway commits a Class C infraction. This law applies to both drivers and passengers. The passenger area is defined as the area designed to seat the driver and passengers while the vehicle is in operation and any area within the driver's reach, including an unlocked glove compartment. Penalties for violating open container laws in Indiana typically include fines, but do not involve jail time or driver’s license suspension for this specific offense. However, if the open container violation is part of other offenses such as operating a vehicle while intoxicated, more severe penalties may apply.