Section 9-30-5-4 - Classification of offense; serious bodily injury(a) A person who causes serious bodily injury to 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. However, the offense is a Level 4 felony if the person has a previous conviction of operating while intoxicated within the five (5) years preceding the commission of the offense.
(b) A person who violates subsection (a) commits a separate offense for each person whose serious bodily injury is caused by the violation of subsection (a).(c) It is a defense 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) who acted in the course of the practitioner's professional practice.Pre-1991 Recodification Citation: 9-11-2-4.
Amended by P.L. 184-2019,SEC. 5, eff. 7/1/2019.Amended by P.L. 63-2018,SEC. 2, eff. 7/1/2018.Amended by P.L. 158-2013, SEC. 160, eff. 7/1/2014.Amended by P.L. 125-2012, SEC. 335, eff. 7/1/2012.As added by P.L. 2-1991, SEC.18. Amended by P.L. 53-1994, SEC.5; P.L. 97-1996, SEC.3; P.L. 96-1996, SEC.3; P.L. 33-1997, SEC.8; P.L. 1-2000, SEC.8; P.L. 175-2001, SEC.8; P.L. 76-2004, SEC.3.