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 alcohol
concentration equivalent to at least eight-hundredths (0.08) gram of
alcohol 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 concentration
equivalent 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 substance
listed in schedule I or II of IC 35-48-2 or its metabolite in the
person's body commits a Class C misdemeanor.
(d) It is a defense to subsection (c) that the accused person
consumed the controlled substance 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.
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 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.
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 years
of age
Sec. 3. (a) Except as provided in subsection (b), a person who
violates section 1 or 2 of this chapter commits a Class D 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
(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) of this section, commits a Class C 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).
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 another
person when operating a motor 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;
(2) with a controlled substance listed in schedule I or II of
IC 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 felony
if the person has a previous conviction of operating while intoxicated
within the five (5) years preceding the commission of the offense.
(b) A person who violates subsection (a) commits 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 substance 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.
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 when
operating a motor 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;
(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;
commits a Class C felony. However, the offense is a Class B felony
if the person has a previous conviction of operating while intoxicated
within the five (5) years preceding the commission of the offense, or
if the person operated the motor 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 when operating a motor 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 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 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 Class D felony.
(d) A person who violates subsection (a), (b), or (c) commits a
separate offense for each person or law enforcement animal whose
death 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 the
accused person consumed the controlled substance 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.
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 any
term 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, the
court may suspend the person's driving privileges for a period of not
more than one (1) year.
(c) The bureau shall send notice of a judgment entered under this
section to the court that granted the defendant probationary driving
privileges.
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 under
section 16 of this chapter commits a Class A misdemeanor.
(b) Except as provided in subsection (c), a person who knowingly
assists another person who is restricted to the use of an ignition
interlock device to violate a court order issued under this chapter
commits 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 ignition
interlock device:
(1) is done for the purpose of safety or mechanical repair of the
device 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 a
functioning ignition interlock device to a person who is restricted
under a court order to the use of a vehicle with an ignition interlock
device commits a Class A infraction.
(e) A person who is subject to an ignition interlock device
restriction and drives another vehicle in an emergency situation must
notify 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 with
an ignition interlock device for the purpose of:
(1) circumventing the ignition interlock device; or
(2) rendering the ignition interlock device inaccurate or
inoperative;
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 interlock
device;
for the purpose of providing an operable vehicle to a person who is
restricted to driving a vehicle with the ignition interlock device
commits 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 under
the 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 equivalent
to at least two-hundredths (0.02) gram but less than
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;
commits a Class C infraction.
(b) In addition to the penalty imposed under this section, the court
may recommend the suspension of the driving privileges of the
operator 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 the
accused person was operating a vehicle in a place other than on a
highway.
As added by P.L.2-1991, SEC.18.
IC 9-30-5-9.5
Probationary driving privileges; inapplicability to holder of a
commercial driver's license
Sec. 9.5. After June 30, 2005, probationary driving privileges
under this chapter do not apply to a person who holds a commercial
driver's license in accordance with the federal Motor Carrier Safety
Improvement 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 an
offense under this chapter or IC 14-15-8, the court shall, after
reviewing the person's bureau driving record and other relevant
evidence, recommend the suspension of the person's driving
privileges for the fixed period of time specified under this section.
The court may require that a period of suspension recommended
under this section be imposed, if applicable, before a period of
incarceration or after a period of incarceration, or both before and
after a period of incarceration, as long as the suspension otherwise
complies 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 vehicle
or a motorboat while intoxicated; or
(2) has a previous conviction of operating a vehicle or a
motorboat while intoxicated that occurred at least ten (10) years
before the conviction under consideration by the court;
the court shall recommend the suspension of the person's driving
privileges 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 of
operating a vehicle or a motorboat while intoxicated and the previous
conviction occurred more than five (5) years but less than ten (10)
years before the conviction under consideration by the court, the
court shall recommend the suspension of the person's driving
privileges for at least one hundred eighty (180) days but not more
than two (2) years. The court may stay the execution of that part of
the suspension that exceeds the minimum period of suspension and
grant the person probationary driving privileges for a period of time
equal to the length of the stay.
(d) If the court finds that the person has a previous conviction of
operating a vehicle or a motorboat while intoxicated and the previous
conviction occurred less than five (5) years before the conviction
under consideration by the court, the court shall recommend the
suspension of the person's driving privileges for at least one (1) year
but not more than two (2) years. The court may stay the execution of
that part of the suspension that exceeds the minimum period of
suspension and grant the person probationary driving privileges for
a period of time equal to the length of the stay. If the court grants
probationary driving privileges under this subsection, the court shall
order that the probationary driving privileges include the requirement
that the person may not operate a motor vehicle unless the motor
vehicle is equipped with a functioning certified ignition interlock
device under IC 9-30-8. However, the court may grant probationary
driving privileges under this subsection without requiring the
installation of an ignition interlock device if the person is
successfully participating in a court supervised alcohol treatment
program in which the person is taking disulfiram or a similar
substance that the court determines is effective in treating alcohol
abuse. The person granted probationary driving privileges under this
subsection shall pay all costs associated with the installation of an
ignition interlock device unless the sentencing court determines that
the person is indigent.
(e) If the conviction under consideration by the court is for an
offense 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 driving
privileges for at least two (2) years but not more than five (5) years.
(f) If the conviction under consideration by the court is for an
offense involving the use of a controlled substance listed in schedule
I, II, III, IV, or V of IC 35-48-2, in which a vehicle was used in the
offense, the court shall recommend the suspension or revocation of
the 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 driving
privileges under section 12 of this chapter, the person may operate
a 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 privileges
under section 12(a) of this chapter, that part of the court's order
granting probationary driving privileges does not take effect until the
person'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 probationary
driving privileges of the following:
(1) That the probationary driving period commences when the
bureau issues the probationary license.
(2) That the bureau may not issue a probationary license until
the bureau receives a reinstatement fee from the person, if
applicable, 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 driving
privileges under section 10(b) of this chapter for an offense
committed under this chapter; and
(2) the person did not refuse to submit to a chemical test offered
under IC 9-30-6-2 during the investigation of the offense;
the court may stay the execution of the suspension of the person's
driving privileges and grant the person probationary driving
privileges for one hundred eighty (180) days.
(b) An order for probationary privileges must be issued in
accordance with sections 11 and 13 of this chapter.
(c) If:
(1) a court recommends suspension of a person's driving
privileges under section 10(c), 10(d), or 10(e) of this chapter for
an offense committed under this chapter; and
(2) the period of suspension recommended by the court exceeds
the minimum permissible fixed period of suspension specified
under section 10 of this chapter;
the court may stay the execution of that part of the suspension that
exceeds the minimum fixed period of suspension and grant the
person probationary driving privileges for a period of time equal to
the length of the stay.
(d) In addition to the other requirements of this section, if a
person's driving privileges are suspended or revoked under section
10(f) of this chapter, a court must find that compelling circumstances
warrant the issuance of probationary driving privileges.
(e) Before a court may grant probationary driving privileges under
this section, the person to whom the probationary driving privileges
will be granted must meet the burden of proving eligibility to receive
probationary 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 of
terms of order
Sec. 13. (a) An order for probationary driving privileges granted
under 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 for
automatic execution of the suspension of driving privileges if an
order is issued under subsection (b).
(3) A written finding by the court that the court has reviewed
the person's driving record and other relevant evidence and
found that the person qualifies for a probationary license under
this chapter.
(4) Other reasonable terms of probation.
(b) If the court finds that the person has violated the terms of the
order granting probationary driving privileges, the court shall order
execution of that part of the sentence concerning the suspension of
the 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 suspended
under section 10 of this chapter:
(1) is entitled to credit for any days during which the license
was suspended under IC 9-30-6-9(c); and
(2) may not receive any credit for days during which the
person's driving privileges were suspended under
IC 9-30-6-9(b).
(b) A period of suspension of driving privileges imposed under
section 10 of this chapter must be consecutive to any period of
suspension imposed under IC 9-30-6-9(b). However, if the court
finds in the sentencing order that it is in the best interest of society,
the court may terminate all or any part of the remaining suspension
under 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 drug
abuse treatment
Sec. 15. (a) In addition to any criminal penalty imposed for an
offense 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's
degree of alcohol and drug abuse and, if appropriate, to
successfully complete an alcohol or drug abuse treatment
program, including an alcohol deterrent program if the person
suffers from alcohol abuse;
if the person has one (1) previous conviction of operating while
intoxicated.
(b) In addition to any criminal penalty imposed for an offense
under 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's
degree of alcohol and drug abuse and, if appropriate, to
successfully complete an alcohol or drug abuse treatment
program, including an alcohol deterrent program if the person
suffers from alcohol abuse;
if the person has at least two (2) previous convictions of operating
while intoxicated.
(c) Notwithstanding IC 35-50-2-2 and IC 35-50-3-1, a sentence
imposed under this section may not be suspended. The court may
require that the person serve the term of imprisonment in an
appropriate facility at whatever time or intervals (consecutive or
intermittent) determined appropriate by the court. However:
(1) at least forty-eight (48) hours of the sentence must be served
consecutively; and
(2) the entire sentence must be served within six (6) months
after the date of sentencing.
(d) Notwithstanding IC 35-50-6, a person does not earn credit
time 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; alcohol
treatment program
Sec. 16. (a) Except as provided in subsections (b) and (c) and
section 10 of this chapter, the court may, in granting probationary
driving privileges under this chapter, also order that the probationary
driving privileges include the requirement that a person may not
operate a motor vehicle unless the vehicle is equipped with a
functioning 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 previous
conviction that occurred at least ten (10) years before the
conviction 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 an
offense under this chapter of which the consumption of alcohol
is an element;
must prohibit the person from operating a motor vehicle unless the
vehicle is equipped with a functioning certified ignition interlock
device under IC 9-30-8. However, a court is not required to order the
installation of an ignition interlock device for a person described in
subdivision (1) or (2) if the person is successfully participating in a
court supervised alcohol treatment program in which the person is
taking disulfiram or a similar substance that the court determines is
effective in treating alcohol abuse.
(c) A court may not order the installation of an ignition interlock
device on a vehicle operated by an employee to whom any of the
following apply:
(1) Has been convicted of violating section 1 or 2 of this
chapter.
(2) Is employed as the operator of a vehicle owned, leased, or
provided by the employee's employer.
(3) Is subject to a labor agreement that prohibits an employee
who is convicted of an alcohol related offense from operating
the 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 or
misdemeanor; and
(2) an order for restitution to a victim;
the court shall, without placing the individual on probation, or as a
condition of probation, order the individual to make restitution to the
emergency medical services restitution fund under IC 16-31-8 for
emergency medical services necessitated because of the offense
committed by the individual.
(b) An order for restitution under this section may not be for more
than one thousand dollars ($1,000).
(c) In making an order for restitution under this section, the court
shall consider the following:
(1) The schedule of costs submitted to the court under
IC 16-31-8-5.
(2) The amount of restitution that the individual is or will be
able to pay.
(d) The court shall immediately forward a copy of an order for
restitution made under this section to the Indiana emergency medical
services commission under IC 16-31-8.
As added by P.L.2-1991, SEC.18. Amended by P.L.2-1993, SEC.68.