IC 9-30-5 Chapter 5. Operating a Vehicle While Intoxicated
IC 9-30-5-1 Class C misdemeanor; defense
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 body
commits a Class C misdemeanor.
(d) It is a defense to subsection (c) that the accused person consumed
the controlled substance under 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.
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.
IC 9-30-5-2
Class A misdemeanor
Sec.
2. (a) Except as provided in subsection (b), a person who operates a vehicle while intoxicated commits a Class C misdemeanor.
(b)
An offense described in subsection (a) is a Class A misdemeanor if the person operates a vehicle in a manner that endangers
a person.
As added by P.L.2-1991, SEC.18. Amended by P.L.175-2001, SEC.6.
IC 9-30-5-3
Class D felony; previous convictions
Sec.
3. A person who violates section 1 or 2 of this chapter commits a Class D felony if:
(1)
the person has a previous conviction of operating while intoxicated; and
(2)
the previous conviction of operating while intoxicated occurred within the five (5) years immediately preceding the occurrence
of the violation of section 1 or 2 of this chapter.
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.
IC 9-30-5-4
Classification of offense;
serious bodily injury
Sec. 4. (a) A person who causes serious bodily injury to another
person when operating a motor 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 body; or
(3)
while intoxicated;
commits a Class D felony. However, the offense is a Class C felony if, within the five (5) years preceding
the commission of the offense, the person had a prior unrelated conviction under this chapter.
(b)
A person who violates subsection (a) commits a separate offense for each person whose serious bodily injury is caused by the
violation of subsection (a).
(c) It is a defense under subsection (a)(2) that the accused person
consumed the controlled substance under 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.
As added by P.L.2-1991, SEC.18. Amended by P.L.53-1994,
SEC.5; P.L.97-1996, SEC.3; P.L.96-1996, SEC.3; P.L.33-1997, SEC.8; P.L.1-2000, SEC.8; P.L.175-2001, SEC.8.
IC 9-30-5-5
Classification of offense;
death
Sec. 5. (a) A person who causes the death of another person when operating a motor
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 body; or
(3)
while intoxicated;
commits a Class C felony. However, the offense is a Class B felony if, within the five (5) years preceding
the commission of the offense, the person had a prior unrelated conviction under this chapter.
(b)
A person who violates subsection (a) commits a separate offense for each person whose death is caused by the violation of
subsection (a).
(c) It is a defense under subsection (a)(2) that the accused person consumed the
controlled substance under 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.
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.
IC 9-30-5-6
Class C infraction; violation
of probationary license
Sec. 6. (a) A person who operates a vehicle in violation of
any term of a probationary license issued under this chapter, IC 9-30-6, or
IC 9-30-9 commits a Class C infraction.
(b) In addition to any other penalty imposed under
this section, the court may suspend the person's driving privileges for a period of not more than one (1) year.
(c)
The bureau shall send notice of a judgment entered under this section to the court that granted the defendant probationary
driving privileges.
As added by P.L.2-1991, SEC.18.
IC 9-30-5-7
Ignition interlock device offenses;
violation of court order
Sec. 7. (a) A person who violates a court order issued under
section 16 of this chapter commits a Class A misdemeanor.
(b) Except as provided in subsection
(c), a person who knowingly assists another person who is restricted to the use of an ignition interlock device to violate
a court order issued under this chapter commits a Class A misdemeanor.
(c) Subsection (b) does
not apply if the starting of a motor vehicle, or the request to start a motor vehicle, equipped with an ignition interlock
device:
(1) is done for the purpose of safety or mechanical repair of the
device or the vehicle; and
(2) the restricted person does not operate the
vehicle.
(d) A person who, except in an emergency, knowingly rents, leases, or loans a motor vehicle
that is not equipped with a functioning ignition interlock device to a person who is restricted under a court order to the
use of a vehicle with an ignition interlock device commits a Class A infraction.
(e) A person who
is subject to an ignition interlock device restriction and drives another vehicle in an emergency situation must notify the
court of the emergency within twenty-four (24) hours.
As added by P.L.2-1991, SEC.18. Amended by P.L.131-1993, SEC.1.
IC 9-30-5-8
Ignition interlock device offenses;
tampering
Sec. 8. (a) A person who tampers with an ignition interlock device for the
purpose of:
(1) circumventing the ignition interlock device; or
(2)
rendering the ignition interlock device inaccurate or inoperative;
commits a Class B infraction.
(b)
A person who solicits another person to:
(1) blow into an ignition interlock
device; or
(2) start a motor vehicle equipped with an ignition interlock
device;
for the purpose of providing an operable vehicle to a person who is restricted to driving a vehicle with the ignition
interlock device commits a Class C infraction.
As added by P.L.2-1991, SEC.18.
IC 9-30-5-8.5
Class C infraction; person less than 21 years of age driving under the influence
Sec.
8.5. (a) A person who:
(1) is less than twenty-one (21) years of age; and
(2)
operates a vehicle with an alcohol concentration equivalent to at least two-hundredths (0.02) gram but less than 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;
commits a Class C infraction.
(b) In addition to the
penalty imposed under this section, the court may recommend the suspension of the driving privileges of the operator of the
vehicle for not more than one (1) year.
As added by P.L.96-1996, SEC.5. Amended by P.L.33-1997, SEC.10; P.L.1-2000,
SEC.10; P.L.175-2001, SEC.10.
IC 9-30-5-9
Operation of vehicle in place
other than public highway
Sec. 9. It is not a defense in an action under this chapter
that the accused person was operating a vehicle in a place other than on a highway.
As added by P.L.2-1991, SEC.18.
IC 9-30-5-10
Suspension of driving privileges;
recommendations; probationary driving privileges with ignition interlock devices
Sec.
10. (a) In addition to a criminal penalty imposed for an offense under this chapter or IC 14-15-8, the court shall, after
reviewing the person's bureau driving record and other relevant evidence, recommend the suspension of the person's driving
privileges for the fixed period of time specified under this section.
(b) If the court finds that
the person:
(1) does not have a previous conviction of operating a vehicle
or a motorboat while intoxicated; or
(2) has a previous conviction of operating
a vehicle or a motorboat while intoxicated that occurred at least ten (10) years before the conviction under consideration
by the court;
the court shall recommend the suspension of the person's driving privileges for at least ninety (90) days
but not more than two (2) years.
(c) If the court finds that the person has a previous conviction
of operating a vehicle or a motorboat while intoxicated and the previous conviction occurred more than five (5) years but
less than ten (10) years before the conviction under consideration by the court, the court shall recommend the suspension
of the person's driving privileges for at least one hundred eighty (180) days but not more than two (2) years. The court may
stay the execution of that part of the suspension that exceeds the minimum period of suspension and grant the person probationary
driving privileges for a period of time equal to the length of the stay. If the court grants probationary driving privileges
under this subsection, the court may order that the probationary driving privileges include the requirement that the person
may not operate a motor
vehicle unless the motor vehicle is equipped with a functioning certified ignition interlock device under IC 9-30-8.
(d)
If the court finds that the person has a previous conviction of operating a vehicle or a motorboat while intoxicated and the
previous conviction occurred less than five (5) years before the conviction under consideration by the court, the court shall
recommend the suspension of the person's driving privileges for at least one (1) year but not more than two (2) years. The
court may stay the execution of that part of the suspension that exceeds the minimum period of suspension and grant the person
probationary driving privileges for a period of time equal to the length of the stay. If the court grants probationary driving
privileges under this subsection, the court may order that the probationary driving privileges include the requirement that
the person may not operate a motor vehicle unless the motor vehicle is equipped with a functioning certified ignition interlock
device under IC 9-30-8.
(e) If the conviction under consideration by the court is for an offense
under:
(1) section 4 of this chapter;
(2)
section 5 of this chapter;
(3) IC 14-15-8-8(b); or
(4)
IC 14-15-8-8(c);
the court shall recommend the suspension of the person's driving privileges for at least two (2)
years but not more than five (5) years.
(f) If the conviction under consideration by the court
is for an offense involving the use of a controlled substance listed in schedule I, II, III, IV, or V of IC 35-48-2,
the court shall recommend the suspension or revocation of the person's driving privileges for at least six (6) months.
As
added by P.L.2-1991, SEC.18. Amended by P.L.131-1993, SEC.2; P.L.64-1994, SEC.3; P.L.57-1995, SEC.3.
IC 9-30-5-11
Probationary driving privileges;
restrictions; commencement date
Sec. 11. (a) If a court grants a person probationary
driving privileges under section 12 of this chapter, the person may operate a vehicle only as follows:
(1)
To and from the person's place of employment.
(2) For specific purposes
in exceptional circumstances.
(3) To and from a court-ordered treatment
program.
(b) If the court grants the person probationary driving privileges under section 12(a)
of this chapter, that part of the court's order granting probationary driving privileges does not take effect until the person's
driving privileges have been suspended for at least thirty (30) days under IC 9-30-6-9.
(c)
The court shall notify a person who is granted probationary driving privileges of the following:
(1)
That the probationary driving period commences when the bureau issues the probationary license.
(2)
That the bureau may not issue a probationary license until the bureau receives a reinstatement fee from the person and the
person otherwise qualifies for a license.
As added by P.L.2-1991, SEC.18.
IC 9-30-5-12
Probationary driving privileges;
grounds
Sec. 12. (a) If:
(1) a court
recommends suspension of a person's driving privileges under section 10(b) of this chapter for an offense committed under
this chapter; and
(2) the person did not refuse to submit to a chemical
test offered under IC 9-30-6-2 during the investigation of the offense;
the court may stay the execution of the suspension
of the person's driving privileges and grant the person probationary driving privileges for one hundred eighty (180) days.
(b)
An order for probationary privileges must be issued in accordance with sections 11 and 13 of this chapter.
(c)
If:
(1) a court recommends suspension of a person's driving privileges
under section 10(c), 10(d), or 10(e) of this chapter for an offense committed under this chapter; and
(2)
the period of suspension recommended by the court exceeds the minimum permissible fixed period of suspension specified under
section 10 of this chapter;
the court may stay the execution of that part of the suspension that exceeds the minimum fixed
period of suspension and grant the person probationary driving privileges for a period of time equal to the length of the
stay.
(d) In addition to the other requirements of this section, if a person's driving privileges
are suspended or revoked under section 10(f) of this chapter, a court must find that compelling circumstances warrant the
issuance of probationary driving privileges.
(e) Before a court may grant probationary driving
privileges under this section, the person to whom the probationary driving privileges will be granted must meet the burden
of proving eligibility to receive probationary driving privileges.
As added by P.L.2-1991, SEC.18. Amended by P.L.64-1994,
SEC.4.
IC 9-30-5-13
Order for probationary driving
privileges; contents; violation of terms of order
Sec. 13. (a) An order for probationary
driving privileges granted under section 12 of this chapter must include the following:
(1)
A requirement that the person may not violate a traffic law.
(2) A restriction
of a person's driving privileges providing for automatic execution of the suspension of driving privileges if an order is
issued under subsection (b).
(3) A written finding by the court that the
court has reviewed the person's driving record and other relevant evidence and found that the person qualifies for a probationary
license under section 12 of this chapter.
(4) Other reasonable terms of
probation.
(b) If the court finds that the person has violated the terms of the order granting probationary driving
privileges, the court shall order execution of that part of the sentence concerning the suspension of the person's driving
privileges.
As added by P.L.2-1991, SEC.18.
IC 9-30-5-14
Suspension of driving privileges;
credit; period; termination
Sec. 14. (a) A person whose driving privileges are suspended
under section 10 of this chapter:
(1) is entitled to credit for any days
during which the license was suspended under IC 9-30-6-9(b); and
(2)
may not receive any credit for days during which the person's driving privileges were suspended under IC 9-30-6-9(a).
(b)
A period of suspension of driving privileges imposed under section 10 of this chapter must be consecutive to any period of
suspension imposed under IC 9-30-6-9(a). However, if the court finds in the sentencing order that it is in the best interest
of society, the court may terminate all or any part of the remaining suspension under IC 9-30-6-9(a).
As added
by P.L.2-1991, SEC.18.
IC 9-30-5-15
Imprisonment; community restitution
or service; alcohol or drug abuse treatment
Sec. 15. (a) In addition to any criminal
penalty imposed for an offense under this chapter, the court shall:
(1)
order:
(A) that the person be imprisoned for at
least five (5) days; or
(B) the person to perform
at least thirty (30) days of community restitution or service; and
(2)
order the person to receive an assessment of the person's degree of alcohol and drug abuse and, if appropriate, to successfully
complete an alcohol or drug abuse treatment program, including an alcohol deterrent program if the person suffers from alcohol
abuse;
if the person has one (1) previous conviction of operating while intoxicated.
(b) In
addition to any criminal penalty imposed for an offense under this chapter, the court shall:
(1)
order:
(A) that the person be imprisoned for at
least ten (10) days; or
(B) the person to perform
at least sixty (60) days of community restitution or service; and
(2) order
the person to receive an assessment of the person's degree of alcohol and drug abuse and, if appropriate, to successfully
complete an alcohol or drug abuse treatment program, including an alcohol deterrent program if the person suffers from alcohol
abuse;
if the person has at least two (2) previous convictions of operating while intoxicated.
(c) Notwithstanding IC 35-50-2-2 and IC 35-50-3-1, a sentence imposed under this section
may not be suspended. The court may require that the person serve the term of imprisonment in an appropriate facility at whatever
time or intervals (consecutive or intermittent) determined appropriate by the court. However:
(1)
at least forty-eight (48) hours of the sentence must be served consecutively; and
(2)
the entire sentence must be served within six (6) months after the date of sentencing.
(d) Notwithstanding
IC 35-50-6, a person does not earn credit time while serving a sentence imposed under this section.
As added by
P.L.2-1991, SEC.18. Amended by P.L.266-1999, SEC.3; P.L.32-2000, SEC.2.
IC 9-30-5-16
Ignition interlock device;
order for installation
Sec. 16. (a) Except as provided in subsection (b), the court
may, in granting probationary driving privileges under this chapter, also order that the probationary driving privileges include
the requirement that a person may not operate a motor vehicle unless the vehicle is equipped with a functioning certified
ignition interlock device under IC 9-30-8.
(b) A court may not order the installation of an
ignition interlock device on a vehicle operated by an employee to whom any of the following apply:
(1)
Has been convicted of violating IC 9-30-5-1 or IC 9-30-5-2.
(2)
Is employed as the operator of a vehicle owned, leased, or provided by the employee's employer.
(3)
Is subject to a labor agreement that prohibits an employee who is convicted of an alcohol related offense from operating the
employer's vehicle.
As added by P.L.2-1991, SEC.18.
IC 9-30-5-17
Restitution to emergency
medical services restitution fund
Sec. 17. (a) In addition to:
(1)
a sentence imposed under this chapter for a felony or misdemeanor; and
(2)
an order for restitution to a victim;
the court shall, without placing the individual on probation, or as a condition of
probation, order the individual to make restitution to the emergency medical services restitution fund under IC 16-31-8
for emergency medical services necessitated because of the offense committed by the individual.
(b)
An order for restitution under this section may not be for more than one thousand dollars ($1,000).
(c)
In making an order for restitution under this section, the court shall consider the following:
(1)
The schedule of costs submitted to the court under IC 16-31-8-5.
(2)
The amount of restitution that the individual is or will be able to pay.
(d) The court shall immediately forward a copy of an order for restitution made under this section
to the Indiana emergency medical services commission under IC 16-31-8.
As added by P.L.2-1991, SEC.18. Amended
by P.L.2-1993, SEC.68.