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Indiana statute

Ind. Code § 7.1-5-1-6 — Intoxication upon common carrier prohibited; failure to enforce by a law enforcement officer

Current through 2026 Regular Session

Part of Chapter 1: General Provisions; Public Intoxication, Indiana Code.

Criminal charges under this statute

Full text of Ind. Code § 7.1-5-1-6

Statutory text current through the 2026 Regular Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Indiana.

Ind. Code § 7.1-5-1-6Primary source, current through the 2026 Regular Session
Sec. 6. (a) Subject to section 6.5 of this chapter, it is a Class C infraction for a person to be, or to become, intoxicated as a result of the person's use of alcohol or a controlled substance (as defined in IC 35-48-1.1-7 ) in or upon a vehicle commonly used for the public transportation of passengers, or in or upon a common carrier, or in or about a depot, station, airport, ticket office, waiting room or platform, if the person: (1) endangers the person's life; (2) endangers the life of another person; (3) breaches the peace or is in imminent danger of breaching the peace; or (4) harasses, annoys, or alarms another person. However, the violation is a Class B misdemeanor if the violation is committed knowingly or intentionally and the person has a prior unrelated adjudication or conviction for a violation of this section within the previous five (5) years. (b) A person may not initiate or maintain an action against a law enforcement officer based on the officer's failure to enforce this section. [Pre-1973 Recodification Citation: 7-1-1-32(16).]

Official sources

Legal terms used in this section

Questions this section answers

Is intoxication upon common carrier prohibited; failure to enforce by a law enforcement officer a felony or a misdemeanor in Indiana?

It depends on the circumstances: intoxication upon common carrier prohibited; failure to enforce by a law enforcement officer ranges from a Class C Infraction to a Class B Misdemeanor in Indiana under Ind. Code § 7.1-5-1-6.

Intoxication upon common carrier (base offense): Class C Infraction (Ind. Code § 7.1-5-1-6(a)) · Intoxication upon common carrier — knowing/intentional with prior adjudication or conviction: Class B Misdemeanor (Ind. Code § 7.1-5-1-6(a))

Which Indiana statute covers intoxication upon common carrier prohibited; failure to enforce by a law enforcement officer?

Intoxication upon common carrier prohibited; failure to enforce by a law enforcement officer is governed by Ind. Code § 7.1-5-1-6 (Intoxication upon common carrier prohibited; failure to enforce by a law enforcement officer).

This reference is informational and is not legal advice.