CHAPTER 5. OPERATING A VEHICLE WHILE INTOXICATED
IC 9-30-5
Chapter 5. Operating a Vehicle While Intoxicated
IC 9-30-5-1
Class C misdemeanor; defense
Sec. 1. (a) A person who operates a vehicle with an alcoholconcentration equivalent to at least eight-hundredths (0.08) gram ofalcohol but less than fifteen-hundredths (0.15) gram of alcohol per:
(1) one hundred (100) milliliters of the person's blood; or
(2) two hundred ten (210) liters of the person's breath;
commits a Class C misdemeanor.
(b) A person who operates a vehicle with an alcohol concentrationequivalent to at least fifteen-hundredths (0.15) gram of alcohol per:
(1) one hundred (100) milliliters of the person's blood; or
(2) two hundred ten (210) liters of the person's breath;
commits a Class A misdemeanor.
(c) A person who operates a vehicle with a controlled substancelisted in schedule I or II of IC 35-48-2 or its metabolite in theperson's body commits a Class C misdemeanor.
(d) It is a defense to subsection (c) that the accused personconsumed the controlled substance under a valid prescription ororder of a practitioner (as defined in IC 35-48-1) who acted in thecourse of the practitioner's professional practice.
As added by P.L.2-1991, SEC.18. Amended by P.L.33-1997, SEC.7;P.L.266-1999, SEC.2; P.L.1-2000, SEC.6; P.L.1-2000, SEC.7;P.L.175-2001, SEC.5.
IC 9-30-5-2
Class A misdemeanor
Sec. 2. (a) Except as provided in subsection (b), a person whooperates a vehicle while intoxicated commits a Class Cmisdemeanor.
(b) An offense described in subsection (a) is a Class Amisdemeanor if the person operates a vehicle in a manner thatendangers a person.
As added by P.L.2-1991, SEC.18. Amended by P.L.175-2001, SEC.6.
IC 9-30-5-3
Class D felony; previous convictions; passenger less than 18 yearsof age
Sec. 3. (a) Except as provided in subsection (b), a person whoviolates section 1 or 2 of this chapter commits a Class D felony if:
(1) the person has a previous conviction of operating whileintoxicated that occurred within the five (5) years immediatelypreceding the occurrence of the violation of section 1 or 2 ofthis 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, orsubsection (a)(2) of this section, commits a Class C felony if:
(1) the person has a previous conviction of operating whileintoxicated causing death (IC 9-30-5-5); or
(2) the person has a previous conviction of operating whileintoxicated causing serious bodily injury (IC 9-30-5-4).
As added by P.L.2-1991, SEC.18. Amended by P.L.175-2001, SEC.7,P.L.243-2001, SEC.1 and P.L.291-2001, SEC.222; P.L.82-2004,SEC.1; P.L.126-2008, SEC.9.
IC 9-30-5-4
Classification of offense; serious bodily injury
Sec. 4. (a) A person who causes serious bodily injury to anotherperson when operating a motor vehicle:
(1) with an alcohol concentration equivalent to at leasteight-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 ofIC 35-48-2 or its metabolite in the person's body; or
(3) while intoxicated;
commits a Class D felony. However, the offense is a Class C felonyif the person has a previous conviction of operating while intoxicatedwithin the five (5) years preceding the commission of the offense.
(b) A person who violates subsection (a) commits a separateoffense for each person whose serious bodily injury is caused by theviolation of subsection (a).
(c) It is a defense under subsection (a)(2) that the accused personconsumed the controlled substance under a valid prescription ororder of a practitioner (as defined in IC 35-48-1) who acted in thecourse of the practitioner's professional practice.
As added by P.L.2-1991, SEC.18. Amended by P.L.53-1994, SEC.5;P.L.97-1996, SEC.3; P.L.96-1996, SEC.3; P.L.33-1997, SEC.8;P.L.1-2000, SEC.8; P.L.175-2001, SEC.8; P.L.76-2004, SEC.3.
IC 9-30-5-5
Classification of offense; death; death of law enforcement animal
Sec. 5. (a) A person who causes the death of another person whenoperating a motor vehicle:
(1) with an alcohol concentration equivalent to at leasteight-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 ofIC 35-48-2 or its metabolite in the person's blood; or
(3) while intoxicated;
commits a Class C felony. However, the offense is a Class B felonyif the person has a previous conviction of operating while intoxicatedwithin the five (5) years preceding the commission of the offense, or
if the person operated the motor vehicle when the person knew thatthe person's driver's license, driving privilege, or permit is suspendedor revoked for a previous conviction for operating a vehicle whileintoxicated.
(b) A person at least twenty-one (21) years of age who causes thedeath of another person when operating a motor vehicle:
(1) with an alcohol concentration equivalent to at leastfifteen-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 ofIC 35-48-2 or its metabolite in the person's blood;
commits a Class B felony.
(c) A person who causes the death of a law enforcement animal(as defined in IC 35-46-3-4.5) when operating a motor vehicle:
(1) with an alcohol concentration equivalent to at leasteight-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 ofIC 35-48-2 or its metabolite in the person's blood;
commits a Class D felony.
(d) A person who violates subsection (a), (b), or (c) commits aseparate offense for each person or law enforcement animal whosedeath is caused by the violation of subsection (a), (b), or (c).
(e) It is a defense under subsection (a)(2), (b)(2), or (c)(2) that theaccused person consumed the controlled substance under a validprescription or order of a practitioner (as defined in IC 35-48-1) whoacted in the course of the practitioner's professional practice.
As added by P.L.2-1991, SEC.18. Amended by P.L.53-1994, SEC.6;P.L.97-1996, SEC.4; P.L.96-1996, SEC.4; P.L.33-1997, SEC.9;P.L.1-2000, SEC.9; P.L.120-2000, SEC.1; P.L.175-2001, SEC.9;P.L.82-2004, SEC.2; P.L.76-2004, SEC.4; P.L.2-2005, SEC.36;P.L.102-2010, SEC.1.
IC 9-30-5-6
Class C infraction; violation of probationary license
Sec. 6. (a) A person who operates a vehicle in violation of anyterm of a probationary license issued under this chapter, IC 9-30-6,or IC 9-30-9 commits a Class C infraction.
(b) In addition to any other penalty imposed under this section, thecourt may suspend the person's driving privileges for a period of notmore than one (1) year.
(c) The bureau shall send notice of a judgment entered under thissection to the court that granted the defendant probationary drivingprivileges.
As added by P.L.2-1991, SEC.18.
IC 9-30-5-7
Ignition interlock device offenses; violation of court order Sec. 7. (a) A person who violates a court order issued undersection 16 of this chapter commits a Class A misdemeanor.
(b) Except as provided in subsection (c), a person who knowinglyassists another person who is restricted to the use of an ignitioninterlock device to violate a court order issued under this chaptercommits a Class A misdemeanor.
(c) Subsection (b) does not apply if the starting of a motor vehicle,or the request to start a motor vehicle, equipped with an ignitioninterlock device:
(1) is done for the purpose of safety or mechanical repair of thedevice or the vehicle; and
(2) the restricted person does not operate the vehicle.
(d) A person who, except in an emergency, knowingly rents,leases, or loans a motor vehicle that is not equipped with afunctioning ignition interlock device to a person who is restrictedunder a court order to the use of a vehicle with an ignition interlockdevice commits a Class A infraction.
(e) A person who is subject to an ignition interlock devicerestriction and drives another vehicle in an emergency situation mustnotify the court of the emergency within twenty-four (24) hours.
As added by P.L.2-1991, SEC.18. Amended by P.L.131-1993, SEC.1.
IC 9-30-5-8
Ignition interlock device offenses; tampering
Sec. 8. (a) A person who knowingly or intentionally tampers withan ignition interlock device for the purpose of:
(1) circumventing the ignition interlock device; or
(2) rendering the ignition interlock device inaccurate orinoperative;
commits a Class B misdemeanor.
(b) A person who solicits another person to:
(1) blow into an ignition interlock device; or
(2) start a motor vehicle equipped with an ignition interlockdevice;
for the purpose of providing an operable vehicle to a person who isrestricted to driving a vehicle with the ignition interlock devicecommits a Class C infraction.
As added by P.L.2-1991, SEC.18. Amended by P.L.76-2004, SEC.5.
IC 9-30-5-8.5
Class C infraction; person less than 21 years of age driving underthe influence
Sec. 8.5. (a) A person who:
(1) is less than twenty-one (21) years of age; and
(2) operates a vehicle with an alcohol concentration equivalentto at least two-hundredths (0.02) gram but less thaneight-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;
commits a Class C infraction. (b) In addition to the penalty imposed under this section, the courtmay recommend the suspension of the driving privileges of theoperator of the vehicle for not more than one (1) year.
As added by P.L.96-1996, SEC.5. Amended by P.L.33-1997, SEC.10;P.L.1-2000, SEC.10; P.L.175-2001, SEC.10.
IC 9-30-5-9
Operation of vehicle in place other than public highway
Sec. 9. It is not a defense in an action under this chapter that theaccused person was operating a vehicle in a place other than on ahighway.
As added by P.L.2-1991, SEC.18.
IC 9-30-5-9.5
Probationary driving privileges; inapplicability to holder of acommercial driver's license
Sec. 9.5. After June 30, 2005, probationary driving privilegesunder this chapter do not apply to a person who holds a commercialdriver's license in accordance with the federal Motor Carrier SafetyImprovement Act of 1999 (MCSIA) (Public Law 106-159.113 Stat.1748).
As added by P.L.219-2003, SEC.7.
IC 9-30-5-10
Suspension of driving privileges; probationary driving privileges
Sec. 10. (a) In addition to a criminal penalty imposed for anoffense under this chapter or IC 14-15-8, the court shall, afterreviewing the person's bureau driving record and other relevantevidence, recommend the suspension of the person's drivingprivileges for the fixed period of time specified under this section.The court may require that a period of suspension recommendedunder this section be imposed, if applicable, before a period ofincarceration or after a period of incarceration, or both before andafter a period of incarceration, as long as the suspension otherwisecomplies with the periods established in this section.
(b) If the court finds that the person:
(1) does not have a previous conviction of operating a vehicleor a motorboat while intoxicated; or
(2) has a previous conviction of operating a vehicle or amotorboat while intoxicated that occurred at least ten (10) yearsbefore the conviction under consideration by the court;
the court shall recommend the suspension of the person's drivingprivileges for at least ninety (90) days but not more than two (2)years.
(c) If the court finds that the person has a previous conviction ofoperating a vehicle or a motorboat while intoxicated and the previousconviction occurred more than five (5) years but less than ten (10)years before the conviction under consideration by the court, thecourt shall recommend the suspension of the person's drivingprivileges for at least one hundred eighty (180) days but not more
than two (2) years. The court may stay the execution of that part ofthe suspension that exceeds the minimum period of suspension andgrant the person probationary driving privileges for a period of timeequal to the length of the stay.
(d) If the court finds that the person has a previous conviction ofoperating a vehicle or a motorboat while intoxicated and the previousconviction occurred less than five (5) years before the convictionunder consideration by the court, the court shall recommend thesuspension of the person's driving privileges for at least one (1) yearbut not more than two (2) years. The court may stay the execution ofthat part of the suspension that exceeds the minimum period ofsuspension and grant the person probationary driving privileges fora period of time equal to the length of the stay. If the court grantsprobationary driving privileges under this subsection, the court shallorder that the probationary driving privileges include the requirementthat the person may not operate a motor vehicle unless the motorvehicle is equipped with a functioning certified ignition interlockdevice under IC 9-30-8. However, the court may grant probationarydriving privileges under this subsection without requiring theinstallation of an ignition interlock device if the person issuccessfully participating in a court supervised alcohol treatmentprogram in which the person is taking disulfiram or a similarsubstance that the court determines is effective in treating alcoholabuse. The person granted probationary driving privileges under thissubsection shall pay all costs associated with the installation of anignition interlock device unless the sentencing court determines thatthe person is indigent.
(e) If the conviction under consideration by the court is for anoffense under:
(1) section 4 of this chapter;
(2) section 5 of this chapter;
(3) IC 14-15-8-8(b); or
(4) IC 14-15-8-8(c);
the court shall recommend the suspension of the person's drivingprivileges for at least two (2) years but not more than five (5) years.
(f) If the conviction under consideration by the court is for anoffense involving the use of a controlled substance listed in scheduleI, II, III, IV, or V of IC 35-48-2, in which a vehicle was used in theoffense, the court shall recommend the suspension or revocation ofthe person's driving privileges for at least six (6) months.
As added by P.L.2-1991, SEC.18. Amended by P.L.131-1993, SEC.2;P.L.64-1994, SEC.3; P.L.57-1995, SEC.3; P.L.76-2004, SEC.6;P.L.94-2006, SEC.5; P.L.172-2006, SEC.1; P.L.126-2008, SEC.10.
IC 9-30-5-11
Probationary driving privileges; restrictions; commencement date
Sec. 11. (a) If a court grants a person probationary drivingprivileges under section 12 of this chapter, the person may operatea vehicle only as follows:
(1) To and from the person's place of employment. (2) For specific purposes in exceptional circumstances.
(3) To and from a court-ordered treatment program.
(b) If the court grants the person probationary driving privilegesunder section 12(a) of this chapter, that part of the court's ordergranting probationary driving privileges does not take effect until theperson's driving privileges have been suspended for at least thirty(30) days under IC 9-30-6-9.
(c) The court shall notify a person who is granted probationarydriving privileges of the following:
(1) That the probationary driving period commences when thebureau issues the probationary license.
(2) That the bureau may not issue a probationary license untilthe bureau receives a reinstatement fee from the person, ifapplicable, and the person otherwise qualifies for a license.
As added by P.L.2-1991, SEC.18. Amended by P.L.153-2005, SEC.3.
IC 9-30-5-12
Probationary driving privileges; grounds
Sec. 12. (a) If:
(1) a court recommends suspension of a person's drivingprivileges under section 10(b) of this chapter for an offensecommitted under this chapter; and
(2) the person did not refuse to submit to a chemical test offeredunder IC 9-30-6-2 during the investigation of the offense;
the court may stay the execution of the suspension of the person'sdriving privileges and grant the person probationary drivingprivileges for one hundred eighty (180) days.
(b) An order for probationary privileges must be issued inaccordance with sections 11 and 13 of this chapter.
(c) If:
(1) a court recommends suspension of a person's drivingprivileges under section 10(c), 10(d), or 10(e) of this chapter foran offense committed under this chapter; and
(2) the period of suspension recommended by the court exceedsthe minimum permissible fixed period of suspension specifiedunder section 10 of this chapter;
the court may stay the execution of that part of the suspension thatexceeds the minimum fixed period of suspension and grant theperson probationary driving privileges for a period of time equal tothe length of the stay.
(d) In addition to the other requirements of this section, if aperson's driving privileges are suspended or revoked under section10(f) of this chapter, a court must find that compelling circumstanceswarrant the issuance of probationary driving privileges.
(e) Before a court may grant probationary driving privileges underthis section, the person to whom the probationary driving privilegeswill be granted must meet the burden of proving eligibility to receiveprobationary driving privileges.
As added by P.L.2-1991, SEC.18. Amended by P.L.64-1994, SEC.4.
IC 9-30-5-13
Order for probationary driving privileges; contents; violation ofterms of order
Sec. 13. (a) An order for probationary driving privileges grantedunder this chapter must include the following:
(1) A requirement that the person may not violate a traffic law.
(2) A restriction of a person's driving privileges providing forautomatic execution of the suspension of driving privileges if anorder is issued under subsection (b).
(3) A written finding by the court that the court has reviewedthe person's driving record and other relevant evidence andfound that the person qualifies for a probationary license underthis chapter.
(4) Other reasonable terms of probation.
(b) If the court finds that the person has violated the terms of theorder granting probationary driving privileges, the court shall orderexecution of that part of the sentence concerning the suspension ofthe person's driving privileges.
As added by P.L.2-1991, SEC.18. Amended by P.L.76-2004, SEC.7.
IC 9-30-5-14
Suspension of driving privileges; credit; period; termination
Sec. 14. (a) A person whose driving privileges are suspendedunder section 10 of this chapter:
(1) is entitled to credit for any days during which the licensewas suspended under IC 9-30-6-9(c); and
(2) may not receive any credit for days during which theperson's driving privileges were suspended underIC 9-30-6-9(b).
(b) A period of suspension of driving privileges imposed undersection 10 of this chapter must be consecutive to any period ofsuspension imposed under IC 9-30-6-9(b). However, if the courtfinds in the sentencing order that it is in the best interest of society,the court may terminate all or any part of the remaining suspensionunder IC 9-30-6-9(b).
As added by P.L.2-1991, SEC.18. Amended by P.L.2-2005, SEC.37.
IC 9-30-5-15
Imprisonment; community restitution or service; alcohol or drugabuse treatment
Sec. 15. (a) In addition to any criminal penalty imposed for anoffense under this chapter, the court shall:
(1) order:
(A) that the person be imprisoned for at least five (5) days;or
(B) the person to perform at least one hundred eighty (180)hours of community restitution or service; and
(2) order the person to receive an assessment of the person'sdegree of alcohol and drug abuse and, if appropriate, tosuccessfully complete an alcohol or drug abuse treatment
program, including an alcohol deterrent program if the personsuffers from alcohol abuse;
if the person has one (1) previous conviction of operating whileintoxicated.
(b) In addition to any criminal penalty imposed for an offenseunder this chapter, the court shall:
(1) order:
(A) that the person be imprisoned for at least ten (10) days;or
(B) the person to perform at least three hundred sixty (360)hours of community restitution or service; and
(2) order the person to receive an assessment of the person'sdegree of alcohol and drug abuse and, if appropriate, tosuccessfully complete an alcohol or drug abuse treatmentprogram, including an alcohol deterrent program if the personsuffers from alcohol abuse;
if the person has at least two (2) previous convictions of operatingwhile intoxicated.
(c) Notwithstanding IC 35-50-2-2 and IC 35-50-3-1, a sentenceimposed under this section may not be suspended. The court mayrequire that the person serve the term of imprisonment in anappropriate facility at whatever time or intervals (consecutive orintermittent) determined appropriate by the court. However:
(1) at least forty-eight (48) hours of the sentence must be servedconsecutively; and
(2) the entire sentence must be served within six (6) monthsafter the date of sentencing.
(d) Notwithstanding IC 35-50-6, a person does not earn credittime while serving a sentence imposed under this section.
As added by P.L.2-1991, SEC.18. Amended by P.L.266-1999, SEC.3;P.L.32-2000, SEC.2; P.L.85-2004, SEC.48.
IC 9-30-5-16
Probationary driving privileges; ignition interlock device; alcoholtreatment program
Sec. 16. (a) Except as provided in subsections (b) and (c) andsection 10 of this chapter, the court may, in granting probationarydriving privileges under this chapter, also order that the probationarydriving privileges include the requirement that a person may notoperate a motor vehicle unless the vehicle is equipped with afunctioning certified ignition interlock device under IC 9-30-8.
(b) An order granting probationary driving privileges:
(1) under:
(A) section 12(a) of this chapter, if the person has a previousconviction that occurred at least ten (10) years before theconviction under consideration by the court; or
(B) section 12(c) of this chapter; or
(2) to a person who has a prior unrelated conviction for anoffense under this chapter of which the consumption of alcoholis an element;must prohibit the person from operating a motor vehicle unless thevehicle is equipped with a functioning certified ignition interlockdevice under IC 9-30-8. However, a court is not required to order theinstallation of an ignition interlock device for a person described insubdivision (1) or (2) if the person is successfully participating in acourt supervised alcohol treatment program in which the person istaking disulfiram or a similar substance that the court determines iseffective in treating alcohol abuse.
(c) A court may not order the installation of an ignition interlockdevice on a vehicle operated by an employee to whom any of thefollowing apply:
(1) Has been convicted of violating section 1 or 2 of thischapter.
(2) Is employed as the operator of a vehicle owned, leased, orprovided by the employee's employer.
(3) Is subject to a labor agreement that prohibits an employeewho is convicted of an alcohol related offense from operatingthe employer's vehicle.
As added by P.L.2-1991, SEC.18. Amended by P.L.76-2004, SEC.8;P.L.172-2006, SEC.2.
IC 9-30-5-17
Restitution to emergency medical services restitution fund
Sec. 17. (a) In addition to:
(1) a sentence imposed under this chapter for a felony ormisdemeanor; and
(2) an order for restitution to a victim;
the court shall, without placing the individual on probation, or as acondition of probation, order the individual to make restitution to theemergency medical services restitution fund under IC 16-31-8 foremergency medical services necessitated because of the offensecommitted by the individual.
(b) An order for restitution under this section may not be for morethan one thousand dollars ($1,000).
(c) In making an order for restitution under this section, the courtshall consider the following:
(1) The schedule of costs submitted to the court underIC 16-31-8-5.
(2) The amount of restitution that the individual is or will beable to pay.
(d) The court shall immediately forward a copy of an order forrestitution made under this section to the Indiana emergency medicalservices commission under IC 16-31-8.
As added by P.L.2-1991, SEC.18. Amended by P.L.2-1993, SEC.68.