2017 Indiana Code
TITLE 9. Motor Vehicles
ARTICLE 30. GENERAL PENALTY PROVISIONS
CHAPTER 5. Operating a Vehicle While Intoxicated
9-30-5-5. Classification of offense; death; death of law enforcement animal

Universal Citation: IN Code § 9-30-5-5 (2017)
IC 9-30-5-5 Classification of offense; death; death of law enforcement animal

     Sec. 5. (a) A person who causes the death 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 5 felony, except as provided in subsection (b).

     (b) A person who causes the death of another person when operating a vehicle under the conditions set forth in subsection (a)(1), (a)(2), or (a)(3) commits a Level 4 felony if:

(1) the person operating the vehicle has a previous conviction of operating while intoxicated within the ten (10) years preceding the commission of the offense;

(2) the person operating the vehicle knows that the person's driver's license, driving privilege, or permit is suspended or revoked for a previous conviction for operating a vehicle while intoxicated; or

(3) the driving privileges of the person operating the vehicle are suspended under IC 9-30-10 because the person is a habitual violator.

     (c) A person at least twenty-one (21) years of age who causes the death of another person when operating a vehicle:

(1) with an alcohol concentration equivalent to at least fifteen-hundredths (0.15) 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 4 felony.

     (d) 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.

     (e) A person who commits an offense under subsection (a), (b), (c), or (d) commits a separate offense for each person or law enforcement animal whose death is caused by the violation of subsection (a), (b), (c), or (d).

     (f) It is a defense under subsection (a), (b), (c), or (d) that the person accused of causing the death of another person or 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) who acted in the course of the practitioner's professional practice.

[Pre-1991 Recodification Citation: 9-11-2-5.]

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.

 

Disclaimer: These codes may not be the most recent version. Indiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.