IC 9-30-5-5 — Penalties; death or catastrophic injury; death of a law enforcement animal
Chapter 5. Operating a Vehicle While Intoxicated
Bills amending this section
Bills citing this section
- HB 12492026Signed into law
Various criminal law matters.
- SB 802026Signed into law
Code publication.
- SB 2612026Signed into law
Criminal vandalism.
- HB 12582026Signed into law
Crimes of violence.
- HB 13032026Signed into law
Sex crimes and child safety.
- SB 2512026Passed chamber
OWI penalties.
- SB 2522026In committee
Criminal law matters.
Section text
Sec. 5. (a) A person who causes the death or catastrophic injury of another person when operating a 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 Level 4 felony. (b) A person who causes the death of a law enforcement animal (as defined in IC 35-46-3-4.5) when operating a 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 Level 6 felony. (c) A person who commits an offense under subsection (a) or (b) commits a separate offense for each person or law enforcement animal whose death (or catastrophic injury, in the case of a person) is caused by the violation of subsection (a) or (b). (d) It is a defense under subsection (a) or (b) that the person accused of causing the death or catastrophic injury of another person or the death of a law enforcement animal when operating 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 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.
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; P.L.125-2012, SEC.336; P.L.158-2013, SEC.161; P.L.26-2016, SEC.1; P.L.123-2017, SEC.2; P.L.63-2018, SEC.3; P.L.184-2019, SEC.6; P.L.186-2025, SEC.87.
Source: official publisher (2026 edition)