Daviess County - Indiana Criminal Code 2022

TRAFFIC CODE

91

9-30-15-4. Consuming while operating. The operator of a motor vehicle who know ingly consumes an alcoholic beverage while the motor vehicle is being operated upon a public highway commits a Class B infraction. Chapter 15.5. Habitual Vehicular Substance Offender. 9-30-15.5-1. “Vehicular substance offense” defined. 9-30-15.5-2. Procedure for filing enhancement; habitual vehicular substance offender; enhanced term of imprisonment. 9-30-15.5-1. “Vehicular substance offense” defined. As used in this chapter, “vehicular substance offense” means any misdemeanor or felony in which the operation of a vehicle while intoxi cated, operation of a vehicle in excess of the statu tory limit for alcohol, or operation of a vehicle with a controlled substance or its metabolite in the person’s body, is a material element. The terms includes an offense under IC 9-30-5, IC 9-24-6 15, and an offense under IC 9-11-2 (before its repeal). 9-30-15.5-2. Procedure for filing enhance ment; habitual vehicular substance offender; enhanced term of imprisonment. (a) The state may seek to have a person sen tenced as a habitual vehicular substance offender for any vehicular substance offense by alleging, on a page separate from the rest of the charging instrument, that the person has accumulated two (2) or three (3) prior unrelated vehicular sub stance offense convictions. If the state alleges only two (2) prior unrelated vehicular substance offense convictions, the allegation must include that at least one (1) of the prior unrelated vehic ular substance offense convictions occurred within the ten (10) years before the date of the current offense. (b) For purposes of subsection (a), a person has accumulated two (2) or (3) prior unrelated sub stance offense convictions only if: (1) the second prior unrelated vehicular substance offense conviction was com mitted after commission of and sentencing

9-30-15-2. 9-30-15-3. 9-30-15-4.

“Container” defined.

Open containers in passenger compartment.

Consuming while operating. 9-30-15-1. “Alcoholic beverage” defined. As used in this chapter, "alcoholic beverage" has the meaning set forth in IC 7.1-1-3-5. 9-30-15-2. “Container” defined. As used in this chapter, "container" has the meaning set forth in IC 7.1-1-3-13. 9-30-15-3. Open containers in passenger compartment. (a) This section does not apply to the follow ing: (1) A container possessed by a person, other than the operator of the motor vehi cle, who is in the: (A) passenger compartment of a motor vehicle designed, maintained, or used primarily for the transportation of per sons for compensation; or (B) living quarters of a house coach or house trailer. (2) A container located in a fixed center console or other similar fixed compart ment that is locked. (3) A container located: (A) behind the last upright seat; or (B) in an area not normally occupied by a person; in a motor vehicle that is not equipped with a trunk. (b) Aperson in a motor vehicle who, while the motor vehicle is in operation or while the motor vehicle is located on the right-of-way of a public highway, possesses a container: (1) that has been opened; (2) that has a broken seal; or (3) from which some of the contents have been removed; in the passenger compartment of the motor vehi cle commits a Class C infraction. (c) Aviolation of this section is not considered a moving traffic violation: (1) for purposes of IC 9-14-3; and (2) for which points are assessed by the bureau under the point system.