Although you may have thought driving with an open alcohol container was not that serious, the state of Indiana takes drunk driving and other related charges very seriously. If you are found guilty of driving a vehicle with an open alcoholic beverage, you could face serious criminal penalties, such as suspension of your driver’s license, fines, time in jail, probation, and the use of an ignition interlock device upon your release. Here is more about what the state’s open container law says and what you can expect if you are found guilty.
Indiana’s Open Container Law
Under Indiana Code § 9-30-15-3, also commonly referred to as Indiana’s open container law, drivers are prohibited from operating any type of motor vehicle with an open bottle of alcohol. The open container law applies to most types of motor vehicles, including:
- 18 wheelers
- Cargo trucks
- SUVs
- Cars
- Motorcycles
- Electric scooters
- Boats
It should be noted that the open container does not apply to individuals living in campers or motorhomes. However, if you have an open alcoholic beverage in any other vehicle, you could be charged criminally. If you have unopened alcoholic beverages in your vehicle, you should not face open container allegations. If you travel with open alcohol containers, be sure to secure them in the trunk of your vehicle or another area that you cannot access while driving.
Potential Penalties for an Open Container Conviction
If you are arrested on suspicion of having an open alcoholic beverage and being in violation of Indiana’s open container laws, you could face charges. Generally, open container violations are considered Class B misdemeanors. If convicted, you could spend up to 180 days in a county jail and pay fines as high as $1,000, as described by the Hamilton County Superior Court.
If you are traveling with a passenger who has an open container, the charges may not be as severe. Passengers can be charged with a Class C misdemeanor. If convicted, they could be ordered to pay fines of up to $500 and spend up to 60 days in a county jail.
It is also possible you could be charged with an open container violation along with driving under the influence (DUI) offense under Indiana Code Title 9. Motor Vehicles § 9-30-5-1. If you are found guilty of drunk driving or drugged driving in Indiana, the penalties will vary depending on your blood alcohol concentration (BAC) levels, and whether you have multiple DUI convictions on your record. The consequences of a first-time DUI conviction include up to one year in jail and $5,000 in fines.
You Can Challenge the Allegations Against You
Just because you are accused of having an open alcohol container in your vehicle while driving does not mean you need to accept a conviction. You are under no obligation to plead guilty. In many drug-related cases, the district attorney is willing to offer pretrial diversion for those who qualify.
You could avoid a lengthy and embarrassing trial by entering a pretrial diversion program. You may be required to pay fines, meet with a probation officer, or even complete drug or alcohol rehabilitation as part of your program terms. Then, once you meet the requirements, the open container charges against you can be dismissed. Find out whether you qualify or if defending yourself at trial is the better option for you and your family.