2018 Indiana Code
TITLE 35. Criminal Law and Procedure
ARTICLE 46. MISCELLANEOUS OFFENSES
CHAPTER 9. Operating a Motorboat While Intoxicated
35-46-9-6. Operating a motorboat while intoxicated
Sec. 6. (a) Except as provided in subsections (b) and (c), a person who operates a motorboat while:
(1) having an alcohol concentration equivalent (as defined in IC 9-13-2-2.4) 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) having a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person's body; or
(3) intoxicated;
commits a Class C misdemeanor.
(b) The offense is a Level 6 felony if:
(1) the person has a previous conviction under:
(A) IC 14-1-5 (repealed);
(B) IC 14-15-8-8 (repealed); or
(C) this chapter; or
(2) the offense results in serious bodily injury to another person.
(c) The offense is a Level 5 felony if the offense results in the death of another person.
(d) It is a defense to a prosecution under subsection (a)(2) that the accused person consumed the controlled substance in accordance with a valid prescription or order of a practitioner (as defined in IC 35-48-1-24) who acted in the course of the practitioner's professional practice.
As added by P.L.40-2012, SEC.21. Amended by P.L.168-2014, SEC.87; P.L.26-2016, SEC.3; P.L.85-2017, SEC.118; P.L.63-2018, SEC.4.
