IC 9-30-5-1 — Class C misdemeanor; defense
Chapter 5. Operating a Vehicle While Intoxicated
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Section text
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 35-48-1.1) 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.
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; P.L.186-2025, SEC.85.
Source: official publisher (2026 edition)