Indiana Code
Chapter 5. Operating a Vehicle While Intoxicated
9-30-5-3. Penalties; Prior Offenses; 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 Level 6 felony if:
(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), 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).
[Pre-1991 Recodification Citation: 9-11-2-3.]
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; P.L.158-2013, SEC.159; P.L.184-2019, SEC.4; P.L.142-2020, SEC.9.

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