Section 7.1-5-1-6 - Intoxication upon common carrier prohibited; failure to enforce by a law enforcement officer(a) Subject to section 6.5 of this chapter, it is a Class C infraction for a person to be, or to become, intoxicated as a result of the person's use of alcohol or a controlled substance (as defined in IC 35-48-1-9) in or upon a vehicle commonly used for the public transportation of passengers, or in or upon a common carrier, or in or about a depot, station, airport, ticket office, waiting room or platform, if the person:(1) endangers the person's life;(2) endangers the life of another person;(3) breaches the peace or is in imminent danger of breaching the peace; or(4) harasses, annoys, or alarms another person. However, the violation is a Class B misdemeanor if the violation is committed knowingly or intentionally and the person has a prior unrelated adjudication or conviction for a violation of this section within the previous five (5) years.
(b) A person may not initiate or maintain an action against a law enforcement officer based on the officer's failure to enforce this section.Pre-1973 Recodification Citation: 7-1-1-32(16).
Amended by P.L. 32-2019,SEC. 13, eff. 7/1/2019.Amended by P.L. 93-2012, SEC. 3, eff. 7/1/2012.Amended by P.L. 117-2012, SEC. 2, eff. 7/1/2012.(Formerly: Acts1973 , P.L. 55, SEC.1.) As amended by Acts1978 , P.L. 2, SEC.703; P.L. 213-2001, SEC.3.