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 blood commits a Class C misdemeanor.
(d) It is a defense to subsection (c) that:
(1) the accused person 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; or
(2) the:
(A) controlled substance is marijuana or a metabolite of marijuana;
(B) person was not intoxicated;
(C) person did not cause a traffic accident; and
(D) substance was identified by means of a chemical test taken pursuant to IC 9-30-7.
[Pre-1991 Recodification Citation: 9-11-2-1.]
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; P.L.63-2018, SEC.1; P.L.142-2020, SEC.8; P.L.49-2021, SEC.1.
Structure Indiana Code
Article 30. General Penalty Provisions
Chapter 5. Operating a Vehicle While Intoxicated
9-30-5-0.2. Application of Certain Amendments to Prior Law
9-30-5-1. Class C Misdemeanor; Defense
9-30-5-3. Penalties; Prior Offenses; Passenger Less Than 18 Years of Age
9-30-5-4. Classification of Offense; Serious Bodily Injury
9-30-5-5. Penalties; Death or Catastrophic Injury; Death of a Law Enforcement Animal
9-30-5-6. Class C Infraction; Violation of Probationary License
9-30-5-7. Ignition Interlock Device Offenses; Violation of Court Order
9-30-5-8. Ignition Interlock Device Offenses; Tampering
9-30-5-8.5. Class C Infraction; Person Less Than 21 Years of Age Driving Under the Influence
9-30-5-9. Operation of Vehicle in Place Other Than Public Highway
9-30-5-9.5. Probationary Driving Privileges; Inapplicability to Commercial Driver's License
9-30-5-15. Imprisonment; Community Restitution or Service; Alcohol or Drug Abuse Treatment
9-30-5-16. Specialized Driving Privileges; Ignition Interlock Device; Violation
9-30-5-17. Restitution to Emergency Medical Services Restitution Fund