Open Container Attorney in Indianapolis

30+ Years Defending Open Container & OWI Charges Across Indiana

An open container citation in Indianapolis can look minor on paper. It isn’t. Under Indiana Code § 9-30-15-3, any person in a moving vehicle who possesses an open alcoholic beverage container in the passenger compartment on a public highway can be cited, whether they’re behind the wheel or in the back seat. The charge doesn’t require proof that anyone was drinking. Possession alone is enough. And the moment an officer spots that container, the stop can shift quickly from a simple infraction into a full roadside OWI investigation.

At Rathburn Law Office, P.C., we handle open container charges throughout Indianapolis and Central Indiana. Chuck Rathburn brings more than 30 years of DUI and alcohol-related traffic defense to every case, with technical credentials that matter when a citation turns into something more serious.

If you’ve been cited for an open container violation in Indianapolis, contact us now for a free virtual consultation, available 24/7. Call (463) 465-2401 to speak with our team.

What Indiana’s Open Container Law Actually Covers

Indiana’s open container law casts a wide net. A container counts as “open” if it has been unsealed, has a broken seal, or has had any contents removed, regardless of how much liquid remains. That half-empty bottle with a loose cap qualifies.

The law applies to vehicles in operation and to vehicles parked on the right-of-way of a public highway. It covers cars, trucks, and semi-trucks on Indiana roads, and it extends to boats operated on Indiana’s navigable public waters. Both the driver and any passenger can be cited. The statute doesn’t require that the person nearest the container be the one charged. Indiana law also treats simple possession of an open container and active consumption of alcohol while driving as separate offenses, each carrying different penalties.

Penalties for an Open Container Violation in Indianapolis

Possessing an open container in the passenger compartment is a Class C infraction under IC § 9-30-15-3, with a fine of up to $500. If a driver is found to have consumed alcohol while operating the vehicle, that’s a separate and more serious charge under IC § 9-30-15-4, a Class B infraction that can carry a fine of up to $1,000. Because both charges are civil infractions under Indiana law, neither carries the possibility of jail time. They are distinct and can be filed simultaneously.

An open container violation is also charged separately from any underlying operating while intoxicated (OWI) offense, meaning a driver stopped for an open container can face all three at once. Beyond the immediate fine, an infraction may affect insurance rates and could appear in background checks depending on how it’s recorded. Whether a violation adds points to a BMV record can vary by how the charge is categorized, so that question is worth examining carefully in your specific situation.

Statutory Exceptions & Where Defenses Begin

IC § 9-30-15-3 includes meaningful exceptions that serve as starting points for any defense review. Not every container in a vehicle triggers the statute, and not every stop resulting in a citation holds up under scrutiny.

Exceptions written into the statute include:

• Locked or fixed compartments: Containers stored in a locked center console or in the trunk aren’t covered by the prohibition
• For-hire vehicle passengers: Passengers in limousines, taxis, and rideshares are exempt, though the driver of such a vehicle is not
• RV living quarters: Containers in the living area of a house coach or RV are exempt, provided they aren’t in the driver’s area
• Licensed restaurant wine: Indiana law permits customers who purchased a meal to transport a partially consumed bottle of wine home under specific conditions

Beyond statutory exceptions, Chuck Rathburn examines every detail of the stop: where the container was located, the vehicle type, the circumstances that led the officer to the vehicle, and whether the stop itself was lawfully conducted. An unlawful traffic stop can affect the admissibility of the open container as evidence. If you didn’t know the container was in the vehicle, such as when driving a borrowed car, that lack of knowledge or possession may also be a viable defense path.

Why Technical Credentials Matter When an Open Container Stop Escalates

Most attorneys treat an open container citation as a fine to pay. We treat it as a case to examine. An open container stop is often the first step in a much larger investigation, and what happens in those next few minutes at the roadside has consequences.

Instructor-Level SFST Training & Expert Qualification

When an officer observes an open container, it can provide probable cause to ask the driver to step out and perform standardized field sobriety tests (SFSTs). A portable breath test may follow. From there, a routine citation can become an OWI arrest. Chuck Rathburn holds instructor-level certification in SFSTs, placing him among a very small group of attorneys nationwide with that level of training. He has been qualified as an expert on breath testing, SFSTs, and alcohol’s effects on the human body by courts in nine states: Alaska, California, Indiana, Iowa, Minnesota, Missouri, New York, Ohio, and Pennsylvania.

Hands-On Breath & Chemical Testing Knowledge

Chuck Rathburn owns both the Alco-Sensor III (the portable roadside breath device Indiana officers use) and the DataMaster evidential breath testing instrument, acquired directly from the manufacturer, and has trained on both. His Lawyer Scientist certificate and phlebotomy training extend that technical foundation into blood and urine evidence. Other attorneys consult him when their DUI cases involve complex chemical testing or alcohol evidence questions.

That depth matters the moment an open container stop escalates. If field sobriety tests were administered incorrectly, if the portable device wasn’t properly calibrated, or if roadside conditions affected test performance, we have the technical foundation to identify and challenge those issues. We serve clients throughout Indiana with virtual consultations, so high-level defense doesn’t require a trip to our office.

Speak with an Indianapolis Open Container Attorney Today

Don’t treat a citation as something to handle alone. An open container charge can affect your record, your insurance, and your exposure to more serious consequences if the stop involved any OWI investigation. We offer a free initial virtual consultation, available any time, day or night. Chuck Rathburn reviews every case personally, and there’s no obligation to retain.

Call (463) 465-2401 or reach us through our online contact form to get started.