Ind. Code § 9-30-5-3
Penalties; prior offenses; passenger less than 18 years of age
Redline — January 1, 2018 → current.View current text →
Current — January 1, 2023
As of January 1, 2018
Sec. 3. (a) Except as provided in subsection (b), a person who violates section 1 or 2 of this chapter commits a Level 6 felony if:
Sec. 3. (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 preceding the occurrence of the violation of section 1 or 2 of this chapter; or
(1) the person has a previous conviction of operating while intoxicated that occurred within the seven (7) years immediately preceding 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 eighteen (18) years of age. (b) A person 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).
(2) the person: (A) is at least twenty-one (21) years of age; (B) violates section 1(b), 1(c), or 2(b) of this chapter; and (C) operated a vehicle in which at least one (1) passenger was less than eighteen (18) years of age. (b) A person 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 or catastrophic injury (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).
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.