Sec. 1. (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.

Terms Used In Indiana Code 9-30-5-1

  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.

     (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 body commits a Class C misdemeanor.

     (d) It is a defense to subsection (c) 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: 9-11-2-1.]

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; P.L.63-2018, SEC.1.