Section 9-30-5-1 - Class C misdemeanor; defense(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 blood commits a Class C misdemeanor.(d) It is a defense to subsection (c) that: (1) 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) who acted in the course of the practitioner's professional practice; or(2) the:(A) controlled substance is marijuana or a metabolite of marijuana;(B) person was not intoxicated;(C) person did not cause a traffic accident; and(D) substance was identified by means of a chemical test taken pursuant to IC 9-30-7.Pre-1991 Recodification Citation: 9-11-2-1.
Amended by P.L. 49-2021,SEC. 1, eff. 7/1/2021.Amended by P.L. 142-2020,SEC. 8, eff. 7/1/2020.Amended by P.L. 63-2018,SEC. 1, eff. 7/1/2018.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.