Ind. Code § 9-30-5-5
Penalties; death or catastrophic injury; death of a law enforcement animal
Redline — January 1, 2018 → current.View current text →
Current — January 1, 2025
As of January 1, 2018
Sec. 5. (a) A person who causes the death of another person when operating a vehicle:
Sec. 5. (a) A person who causes the death or catastrophic injury of another person when operating a vehicle:
(1) with an alcohol concentration equivalent 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;
(1) with an alcohol concentration equivalent 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 metabolite in the person's blood; or
(2) with a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person's blood; or
(3) while intoxicated;
(3) while intoxicated;
commits a Level 5 felony, except as provided in subsection (b).
(b) A person who causes the death of another person when operating a vehicle under the conditions set forth in subsection (a)(1), (a)(2), or (a)(3) commits a Level 4 felony if:
(1) the person operating the vehicle has a previous conviction of operating while intoxicated within the ten (10) years preceding the commission of the offense;
(2) the person operating the vehicle knows 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; or
(3) the driving privileges of the person operating the vehicle are suspended under IC 9-30-10 because the person is a habitual traffic violator.
commits a Level 4 felony.
(b) A person who causes the death of a law enforcement animal (as defined in IC 35-46-3-4.5) when operating a vehicle:
(1) with an alcohol concentration equivalent to at least fifteen-hundredths (0.15) 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; or (2) with a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person's blood; commits a Level 4 felony. (d) A person who causes the death of a law enforcement animal (as defined in IC 35-46-3-4.5) when operating a vehicle: (1) with an alcohol concentration equivalent 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; or (2) with a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person's blood; commits a Level 6 felony. (e) A person who commits an offense under subsection (a), (b), (c), or (d) commits a separate offense for each person or law enforcement animal whose death is caused by the violation of subsection (a), (b), (c), or (d). (f) It is a defense under subsection (a), (b), (c), or (d) that the person accused of causing the death of another person or a law enforcement animal when operating a vehicle with a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person's blood consumed the controlled substance in accordance with 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.
(1) with an alcohol concentration equivalent 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; or (2) with a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person's blood; commits a Level 6 felony. (c) A person who commits an offense under subsection (a) or (b) commits a separate offense for each person or law enforcement animal whose death (or catastrophic injury, in the case of a person) is caused by the violation of subsection (a) or (b). (d) It is a defense under subsection (a) or (b) that the person accused of causing the death or catastrophic injury of another person or the death of a law enforcement animal when operating a vehicle with a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person's blood consumed the controlled substance in accordance with a valid prescription or order of a practitioner (as defined in IC 35-48-1.1) who acted in the course of the practitioner's professional practice.
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.