People can have open containers in public places, but it is important to remember that there is a law that prohibits poisoning in public. In Indiana, it is not illegal to transport alcohol outdoors in public spaces. Customers can take an alcoholic beverage in its original container out of a place and consume it on the sidewalks, although the establishment may not allow the sale of beverages as part of its policy. When it comes to motor vehicles, however, it is completely illegal to have an open alcoholic beverage inside.
This applies if the beverage is open, if it has a broken seal, or if some of the contents of the drink have already been removed from the container. For example, if you're traveling with a corked bottle of wine that isn't full, it's considered driving with an open container. Indiana alcohol and motor vehicle legislation strictly prohibits drivers from driving with a blood alcohol concentration (BAC) equal to or greater than 0.08%. For commercial drivers, such as truck and school bus operators, the limit is 0.04% of BAC.
Similarly, Indiana's open container law prohibits drivers from keeping an open bottle or can of alcoholic beverage in their vehicles. Indiana's open container law generally prohibits consuming and possessing open containers of alcohol in a motor vehicle. However, the law does not apply in certain circumstances. In addition, offenses for possession of open containers of alcohol are treated differently from offenses for the consumption of alcohol.
Indiana's alcohol laws have been described as archaic and outdated, sometimes contradictory and often confusing. If you are facing a violation of the open container law in Indiana, having an experienced lawyer by your side can make all the difference in your case. Breaking open container laws is a Class C violation in Indiana, but if you are the driver of the vehicle and were consuming alcohol, you will face a Class B violation. Open container laws are enacted to reduce the risk of public poisoning or driving a vehicle while intoxicated.
An open alcohol container can be legally placed in a fixed, locked compartment, such as a center console or trunk. Passengers may be under the influence of alcohol in a moving car, but are prohibited from having an open container in their possession. Indiana's open container law prohibits motorists from keeping an open container with alcohol in a vehicle. Therefore, Indiana implemented strict laws that regulate the consumption of alcohol and motor vehicles to reduce the devastating and life-changing effects of drunk driving accidents.
