Indiana Code 35-46-9-6. Operating a motorboat while intoxicated
(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:
Attorney's Note
Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Level 5 felony | between 1 and 6 years | up to $10,000 |
| Level 6 felony | between 6 mos. and 2 1/2 years | up to $10,000 |
| Class C misdemeanor | up to 60 days | up to $500 |
Terms Used In Indiana Code 35-46-9-6
- Conviction: A judgement of guilt against a criminal defendant.
- intoxicated: means under the influence of:
Indiana Code 35-46-9-2
- motorboat: means a watercraft (as defined in IC 14-8-2-305) propelled by:
Indiana Code 35-46-9-3
(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(A) IC 14-1-5 (repealed);
(B) IC 14-15-8-8 (repealed); or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 or catastrophic injury 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; P.L.184-2019, SEC.14.