TRAFFIC CODE
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commits a Class C misdemeanor.
(d) It is a defense to subsection (c) that the
accused person consumed the controlled sub-
stance under a valid prescription or order of a
practitioner (as defined in IC 35-48-1) who acted
in the course of the practitioner's professional
practice.
9-30-5-2. Operating while intoxicated.
(a) Except as provided in subsection (b), a
person who operates a vehicle while intoxicated
commits a Class C misdemeanor.
(b) An offense described in subsection (a) is
a Class A misdemeanor if the person operates a
vehicle in a manner that endangers a person.
9-30-5-3. Previous convictions; minor
passenger in vehicle.
(a) Except as provided in subsection (b), a
person who violates section 1 or 2 of this chapter
commits a Level 6 felony if:
(1) the person has a previous conviction of
operating while intoxicated that occurred
within the five (5) years immediately pre-
ceding the occurrence of the violation of
section 1 or 2 of this chapter; or
(2) the person:
(A) is at least twenty-one (21) years
of age;
(B) violates section 1(b) or 2(b) of this
chapter; and
(C) operated a vehicle in which at least
one (1) passenger was less than eight-
een (18) years of age.
(b) Aperson who violates section 1 or 2 of this
chapter or subsection (a)(2) commits a Level 5
felony if:
(1) the person has a previous conviction of
operating while intoxicated causing death
(IC 9-30-5-5); or
(2) the person has a previous conviction of
operating while intoxicated causing serious
bodily injury (IC 9-30-5-4).
9-30-5-4. Causing serious bodily injury.
(a) Aperson who causes serious bodily injury
to another person when operating a vehicle:
(1) with an alcohol concentration equiva-
lent to at least eight-hundredths (0.08)
gram of alcohol per:
(A) one hundred (100) milliliters of
the person's blood; or
(B) two hundred ten (210) liters of the
person's breath;
(2) with a controlled substance listed in
schedule I or II of IC 35-48-2 or its metabo-
lite in the person's body; or
(3) while intoxicated;
commits a Level 6 felony. However, the offense
is a Level 5 felony if the person has a previous con-
viction of operating while intoxicated within the
five (5) years preceding the commission of the
offense.
(b) Aperson who violates subsection (a) com-
mits a separate offense for each person whose
serious bodily injury is caused by the violation of
subsection (a).
(c) It is a defense under subsection (a)(2) that
the accused person consumed the controlled sub-
stance under a valid prescription or order of a
practitioner (as defined in IC 35-48-1) who acted
in the course of the practitioner's professional
practice.
9-30-5-5. Causing death.
(a) A person who causes the death of another
person when operating a vehicle:
(1) with an alcohol concentration equiva-
lent to at least eight-hundredths (0.08)
gram of alcohol per:
(A) one hundred (100) milliliters of
the person's blood; or
(B) two hundred ten (210) liters of the
person's breath;
(2) with a controlled substance listed in
schedule I or II of IC 35-48-2 or its metabo-
lite in the person's blood; or
(3) while intoxicated;
commits a Level 5 felony. However, the offense
is a Level 4 felony if the person has a previous con-
viction of operating while intoxicated within the
five (5) years preceding the commission of the
offense, or if the person operated the vehicle when
the person knew that the person's driver's license,
driving privilege, or permit is suspended or
revoked for a previous conviction for operating a
vehicle while intoxicated.
(b) A person at least twenty-one (21) years
of age who causes the death of another person
