Indiana criminal charge
Penalties; prior offenses; passenger less than 18 years of age in Indiana
Penalties; prior offenses; passenger less than 18 years of age is a criminal offense under Indiana law, defined by Ind. Code § 9-30-5-3. 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 § 9-30-5-3.
What is the penalty for penalties; prior offenses; passenger less than 18 years of age in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 6 months to 30 months (OWI with prior OWI conviction within 7 years — Person violates section 1 or 2 and has a previous OWI conviction within the 7 years preceding the current violation.; 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 (OWI with prior OWI conviction within 7 years — Person violates section 1 or 2 and has a previous OWI conviction within the 7 years preceding the current violation.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 6 months to 30 months (OWI with minor passenger by adult offender — Person is at least 21 years old, violates section 1(b), 1(c), or 2(b), and operated a vehicle with a passenger less than 18 years of age.; 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 (OWI with minor passenger by adult offender — Person is at least 21 years old, violates section 1(b), 1(c), or 2(b), and operated a vehicle with a passenger less than 18 years of age.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 1 years to 6 years (OWI with prior operating while intoxicated causing death or catastrophic injury — Person violates section 1, 2, or subsection (a)(2) and has a previous conviction for operating while intoxicated causing death or catastrophic injury.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (OWI with prior operating while intoxicated causing death or catastrophic injury — Person violates section 1, 2, or subsection (a)(2) and has a previous conviction for operating while intoxicated causing death or catastrophic injury.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 1 years to 6 years (OWI with prior operating while intoxicated causing serious bodily injury — Person violates section 1, 2, or subsection (a)(2) and has a previous conviction for operating while intoxicated causing serious bodily injury.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (OWI with prior operating while intoxicated causing serious bodily injury — Person violates section 1, 2, or subsection (a)(2) and has a previous conviction for operating while intoxicated causing serious bodily injury.) | discretionary | Ind. Code § 35-50-2-6 |
Applies to offenses committed after June 30, 2014 (P.L.158-2013).
How is penalties; prior offenses; passenger less than 18 years of age classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| OWI with prior OWI conviction within 7 years | Level 6 Felony | Person violates section 1 or 2 and has a previous OWI conviction within the 7 years preceding the current violation. | Ind. Code § 9-30-5-3(a) |
| OWI with minor passenger by adult offender | Level 6 Felony | Person is at least 21 years old, violates section 1(b), 1(c), or 2(b), and operated a vehicle with a passenger less than 18 years of age. | Ind. Code § 9-30-5-3(a) |
| OWI with prior operating while intoxicated causing death or catastrophic injury | Level 5 Felony | Person violates section 1, 2, or subsection (a)(2) and has a previous conviction for operating while intoxicated causing death or catastrophic injury. | Ind. Code § 9-30-5-3(b) |
| OWI with prior operating while intoxicated causing serious bodily injury | Level 5 Felony | Person violates section 1, 2, or subsection (a)(2) and has a previous conviction for operating while intoxicated causing serious bodily injury. | Ind. Code § 9-30-5-3(b) |
Common questions about penalties; prior offenses; passenger less than 18 years of age in Indiana
Is penalties; prior offenses; passenger less than 18 years of age a felony or a misdemeanor in Indiana?
It depends on the circumstances: penalties; prior offenses; passenger less than 18 years of age ranges from a Level 6 Felony to a Level 5 Felony in Indiana under Ind. Code § 9-30-5-3.
OWI with prior OWI conviction within 7 years: Level 6 Felony (Ind. Code § 9-30-5-3(a)) · OWI with minor passenger by adult offender: Level 6 Felony (Ind. Code § 9-30-5-3(a)) · OWI with prior operating while intoxicated causing death or catastrophic injury: Level 5 Felony (Ind. Code § 9-30-5-3(b)) · OWI with prior operating while intoxicated causing serious bodily injury: Level 5 Felony (Ind. Code § 9-30-5-3(b))
What are the penalties for penalties; prior offenses; passenger less than 18 years of age in Indiana?
Penalties for penalties; prior offenses; passenger less than 18 years of age in Indiana depend on how it is classified — from a Level 6 Felony up to a Level 5 Felony — with the ranges set by Ind. Code § 35-50-2-7 and Ind. Code § 35-50-2-6; the full table of ranges by variant is published on this page.
Which Indiana statute covers penalties; prior offenses; passenger less than 18 years of age?
Penalties; prior offenses; passenger less than 18 years of age is governed by Ind. Code § 9-30-5-3 (Penalties; prior offenses; passenger less than 18 years of age).
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.