IC 9-30-5-3 — Penalties; prior offenses; passenger less than 18 years of age
Chapter 5. Operating a Vehicle While Intoxicated
Bills citing this section
Section text
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).
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.
Source: official publisher (2026 edition)