Indiana criminal charge
Duties of driver of motor vehicle involved in accident; sentencing in Indiana
Duties of driver of motor vehicle involved in accident; sentencing is a criminal offense under Indiana law, defined by Ind. Code § 9-26-1-1.1. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Ind. Code § 9-26-1-1.1.
What is the penalty for duties of driver of motor vehicle involved in accident; sentencing in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 180 days (Leaving the scene of an accident — base offense — An operator knowingly or intentionally fails to comply with the duties in subsection (a).) | discretionary | Ind. Code § 35-50-3-3 |
| Fine | up to $1,000 (Leaving the scene of an accident — base offense — An operator knowingly or intentionally fails to comply with the duties in subsection (a).) | discretionary | Ind. Code § 35-50-3-3 |
| Jail / prison | up to 1 year (Leaving the scene of an accident — bodily injury — The accident results in bodily injury to another person.) | discretionary | Ind. Code § 35-50-3-2 |
| Fine | up to $5,000 (Leaving the scene of an accident — bodily injury — The accident results in bodily injury to another person.) | discretionary | Ind. Code § 35-50-3-2 |
| Jail / prison | 6 months to 30 months (Leaving the scene of an accident — moderate/serious bodily injury or prior conviction — The accident results in moderate or serious bodily injury to another person, or the operator had a qualifying prior conviction under IC 9-30-10-4(a) within the preceding five years.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Leaving the scene of an accident — moderate/serious bodily injury or prior conviction — The accident results in moderate or serious bodily injury to another person, or the operator had a qualifying prior conviction under IC 9-30-10-4(a) within the preceding five years.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 2 years to 12 years (Leaving the scene of an accident — death or catastrophic injury — The accident results in the death or catastrophic injury of another person.; fixed term; advisory sentence 6 years) | presumptive | Ind. Code § 35-50-2-5.5 |
| Fine | up to $10,000 (Leaving the scene of an accident — death or catastrophic injury — The accident results in the death or catastrophic injury of another person.) | discretionary | Ind. Code § 35-50-2-5.5 |
| Jail / prison | 3 years to 16 years (Leaving the scene of an accident — during/after OWI causing serious bodily injury or death — The operator knowingly or intentionally fails to stop or comply with subsection (a) during or after committing operating while intoxicated causing serious bodily injury or death/catastrophic injury.; fixed term; advisory sentence 9 years) | presumptive | Ind. Code § 35-50-2-5 |
| Fine | up to $10,000 (Leaving the scene of an accident — during/after OWI causing serious bodily injury or death — The operator knowingly or intentionally fails to stop or comply with subsection (a) during or after committing operating while intoxicated causing serious bodily injury or death/catastrophic injury.) | discretionary | Ind. Code § 35-50-2-5 |
Applies to current.
How is duties of driver of motor vehicle involved in accident; sentencing classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Leaving the scene of an accident — base offense | Class B Misdemeanor | An operator knowingly or intentionally fails to comply with the duties in subsection (a). | Ind. Code § 9-26-1-1.1(b) |
| Leaving the scene of an accident — bodily injury | Class A Misdemeanor | The accident results in bodily injury to another person. | Ind. Code § 9-26-1-1.1(b) |
| Leaving the scene of an accident — moderate/serious bodily injury or prior conviction | Level 6 Felony | The accident results in moderate or serious bodily injury to another person, or the operator had a qualifying prior conviction under IC 9-30-10-4(a) within the preceding five years. | Ind. Code § 9-26-1-1.1(b) |
| Leaving the scene of an accident — death or catastrophic injury | Level 4 Felony | The accident results in the death or catastrophic injury of another person. | Ind. Code § 9-26-1-1.1(b) |
| Leaving the scene of an accident — during/after OWI causing serious bodily injury or death | Level 3 Felony | The operator knowingly or intentionally fails to stop or comply with subsection (a) during or after committing operating while intoxicated causing serious bodily injury or death/catastrophic injury. | Ind. Code § 9-26-1-1.1(b) |
Common questions about duties of driver of motor vehicle involved in accident; sentencing in Indiana
Is duties of driver of motor vehicle involved in accident; sentencing a felony or a misdemeanor in Indiana?
It depends on the circumstances: duties of driver of motor vehicle involved in accident; sentencing ranges from a Class B Misdemeanor to a Level 3 Felony in Indiana under Ind. Code § 9-26-1-1.1.
Leaving the scene of an accident — base offense: Class B Misdemeanor (Ind. Code § 9-26-1-1.1(b)) · Leaving the scene of an accident — bodily injury: Class A Misdemeanor (Ind. Code § 9-26-1-1.1(b)) · Leaving the scene of an accident — moderate/serious bodily injury or prior conviction: Level 6 Felony (Ind. Code § 9-26-1-1.1(b)) · Leaving the scene of an accident — death or catastrophic injury: Level 4 Felony (Ind. Code § 9-26-1-1.1(b)) · Leaving the scene of an accident — during/after OWI causing serious bodily injury or death: Level 3 Felony (Ind. Code § 9-26-1-1.1(b))
What are the penalties for duties of driver of motor vehicle involved in accident; sentencing in Indiana?
Penalties for duties of driver of motor vehicle involved in accident; sentencing in Indiana depend on how it is classified — from a Class B Misdemeanor up to a Level 3 Felony — with the ranges set by Ind. Code § 35-50-3-3, Ind. Code § 35-50-3-2, Ind. Code § 35-50-2-7, Ind. Code § 35-50-2-5.5 and Ind. Code § 35-50-2-5; the full table of ranges by variant is published on this page.
Which Indiana statute covers duties of driver of motor vehicle involved in accident; sentencing?
Duties of driver of motor vehicle involved in accident; sentencing is governed by Ind. Code § 9-26-1-1.1 (Duties of driver of motor vehicle involved in accident; sentencing).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.