Indiana Open Container Law (2026): Rules and Penalties

As of September 2026, Indiana law makes it a Class C infraction for a person in a motor vehicle to possess an alcohol container with a broken seal, or whose contents have been partially removed, in the passenger compartment while the vehicle is being operated or on a public highway, under Indiana Code § 9-30-15-3. A separate section, IC 9-30-15-4, makes it a Class B infraction, a higher classification, for the vehicle's operator to knowingly drink an alcoholic beverage while the vehicle is being operated on a public highway.

Jurisdiction scope: This article addresses Indiana's statewide open container law for motor vehicles under Indiana Code § 9-30-15-3 and the federal framework in 23 U.S.C. § 154. It does not address Indiana's OWI/DUI statutes, local ordinances, or watercraft rules.

What Indiana's Open Container Law Prohibits

Indiana Code § 9-30-15-3 makes it a Class C infraction for a person in a motor vehicle to possess a bottle, can, or other receptacle containing an alcoholic beverage where the container's seal has been broken, or its contents have been partially removed, in the passenger compartment of the vehicle while the vehicle is being operated or is on the right-of-way of a public highway. The rule is a possession-based offense: it targets having the opened container in the passenger compartment, and it applies to the driver and to any passenger.

Indiana Code § 9-30-15-4, the next section of the same chapter, separately prohibits the act of drinking: "The operator of a motor vehicle who knowingly consumes an alcoholic beverage while the motor vehicle is being operated upon a public highway commits a Class B infraction." This consumption ban reaches only the vehicle's operator, not passengers, and it is a higher infraction class than the Class C possession offense in § 9-30-15-3.

Exemptions

Indiana Code § 9-30-15-3 permits an open container to be kept in three places without violating the statute:

• A fixed, locked center console or similar fixed locked compartment.
• Behind the last upright seat, or in an area not normally occupied by the driver or passengers, in a vehicle that has no trunk.
• The passenger compartment of a for-hire vehicle, or the living quarters of a house coach or trailer, so long as the person possessing the container is not the vehicle's operator.

That last exemption is limited to someone other than the operator; the person driving the vehicle does not get the benefit of the for-hire or house-coach exemption for their own possession of an open container.

Penalties

A possession violation of Indiana Code § 9-30-15-3 is a Class C infraction. Indiana's statute is explicit that the violation is not a moving traffic violation, and it does not add points to a driver's license. An operator who drinks while the vehicle is being operated on a public highway faces the separate, higher-level offense under IC 9-30-15-4, a Class B infraction.

How Indiana's Law Fits the Federal Rule

Federal law, 23 U.S.C. § 154, conditions a portion of each state's highway funding on maintaining an open container law that meets minimum federal standards under 23 CFR § 1270.4: a ban on both possession and consumption, covering the driver and all passengers, on public highways, with primary enforcement, while still permitting the locked-container, for-hire vehicle, and motorhome exemptions described above. A state without a compliant law has 2.5 percent of certain federal highway funds reserved rather than released for ordinary use.

FHWA's FY2026 apportionment notice (Notice N4510.905, dated October 1, 2025) lists 12 states as non-conforming: Alaska, Connecticut, Delaware, Hawaii, Louisiana, Maine, Mississippi, Missouri, Ohio, Tennessee, Virginia, and Wyoming. Indiana is not one of them. That absence from the list means Indiana's law was not flagged as non-conforming in the FY2026 notice; it is not the same thing as an independent, per-state federal certification of every detail of the statute. One residual gap remains worth naming: Indiana's consumption ban under IC 9-30-15-4 reaches only the vehicle's operator, while the federal criterion in 23 CFR § 1270.4 is written around a consumption ban covering the driver and all passengers.

Disclaimer: This article provides general legal information about open container laws in the United States as of September 2026. It is not legal advice. Open container statutes, exemptions, and penalties change; verify the current text of your state's law before relying on it, and consult a lawyer licensed in your state for advice about a specific situation.

For the federal framework and how every state compares, see the open container laws by state hub. Related reading: Indiana DUI laws and Indiana window tint laws.

Statutes cited reflect their in-force version as of 2026-09-16. Last updated: 2026-09-16.

Frequently Asked Questions

Does Indiana's open container law apply to passengers, or just the driver?

It applies to both. Indiana Code § 9-30-15-3 bans possession of an opened alcohol container in the passenger compartment by any person in the vehicle, not just the operator.

Is it illegal to drink alcohol in a car in Indiana?

Yes, for the vehicle's operator. Indiana Code § 9-30-15-4 makes it a Class B infraction for the operator to knowingly consume an alcoholic beverage while the vehicle is being operated on a public highway. That consumption ban applies only to the operator; a passenger's possession of an open container in the passenger compartment is separately covered by the Class C infraction in § 9-30-15-3.

Where can I legally store an open alcohol container in a car in Indiana?

In a fixed, locked center console or similar fixed locked compartment, or, in a vehicle without a trunk, behind the last upright seat or in an area not normally occupied by the driver or passengers.

What happens if I'm caught with an open container in Indiana?

It is a Class C infraction. Indiana's statute states it is not a moving traffic violation and does not add points to a driver's license.