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Indiana statute

Ind. Code § 9-30-5-1 — Class C misdemeanor; defense

Current through 2026 Regular Session

Part of Chapter 5: Operating a Vehicle While Intoxicated, Indiana Code.

Criminal charges under this statute

Full text of Ind. Code § 9-30-5-1

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 § 9-30-5-1Primary source, current through the 2026 Regular Session
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. (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 blood commits a Class C misdemeanor. (d) It is a defense to subsection (c) that: (1) the accused person consumed the controlled substance in accordance with a valid prescription or order of a practitioner (as defined in IC 35-48-1.1 ) who acted in the course of the practitioner's professional practice; or (2) the: (A) controlled substance is marijuana or a metabolite of marijuana; (B) person was not intoxicated; (C) person did not cause a traffic accident; and (D) substance was identified by means of a chemical test taken pursuant to IC 9-30-7 . [Pre-1991 Recodification Citation: 9-11-2-1.]

Official sources

Legal terms used in this section

Questions this section answers

Is class C misdemeanor; defense a felony or a misdemeanor in Indiana?

It depends on the circumstances: class C misdemeanor; defense ranges from a Class C Misdemeanor to a Class A Misdemeanor in Indiana under Ind. Code § 9-30-5-1.

Operating with alcohol concentration 0.08 to 0.15: Class C Misdemeanor (Ind. Code § 9-30-5-1(a)) · Operating with alcohol concentration 0.15 or more: Class A Misdemeanor (Ind. Code § 9-30-5-1(b)) · Operating with schedule I or II controlled substance or metabolite in blood: Class C Misdemeanor (Ind. Code § 9-30-5-1(c))

Which Indiana statute covers class C misdemeanor; defense?

Class C misdemeanor; defense is governed by Ind. Code § 9-30-5-1 (Class C misdemeanor; defense).

This reference is informational and is not legal advice.