Section 9-30-5-3 - Penalties; prior offenses; passenger less than 18 years of age(a) Except as provided in subsection (b), a person who violates section 1 or 2 of this chapter commits a Level 6 felony if: (1) the person has a previous conviction of operating while intoxicated that occurred within the seven (7) years immediately preceding the occurrence of the violation of section 1 or 2 of this chapter; or(2) the person: (A) is at least twenty-one (21) years of age;(B) violates section 1(b), 1(c), or 2(b) of this chapter; and(C) operated a vehicle in which at least one (1) passenger was less than eighteen (18) years of age.(b) A person who violates section 1 or 2 of this chapter or subsection (a)(2) commits a Level 5 felony if: (1) the person has a previous conviction of operating while intoxicated causing death or catastrophic injury (IC 9-30-5-5); or(2) the person has a previous conviction of operating while intoxicated causing serious bodily injury (IC 9-30-5-4).Pre-1991 Recodification Citation: 9-11-2-3.
Amended by P.L. 142-2020,SEC. 9, eff. 7/1/2020.Amended by P.L. 184-2019,SEC. 4, eff. 7/1/2019.Amended by P.L. 158-2013, SEC. 159, eff. 7/1/2014.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; P.L. 82-2004, SEC.1; P.L. 126-2008, SEC.9.