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Indiana statute

Ind. Code § 9-30-5-5 — Penalties; death or catastrophic injury; death of a law enforcement animal

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 § 9-30-5-5

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 § 9-30-5-5Primary source, current through the 2026 Regular Session
Sec. 5. (a) A person who causes the death or catastrophic injury of another person when operating a vehicle: (1) with an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol per: (A) one hundred (100) milliliters of the person's blood; or (B) two hundred ten (210) liters of the person's breath; (2) with a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person's blood; or (3) while intoxicated; commits a Level 4 felony. (b) A person who causes the death of a law enforcement animal (as defined in IC 35-46-3-4.5 ) when operating a vehicle: (1) with an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol per: (A) one hundred (100) milliliters of the person's blood; or (B) two hundred ten (210) liters of the person's breath; or (2) 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 Level 6 felony. (c) A person who commits an offense under subsection (a) or (b) commits a separate offense for each person or law enforcement animal whose death (or catastrophic injury, in the case of a person) is caused by the violation of subsection (a) or (b). (d) It is a defense under subsection (a) or (b) that the person accused of causing the death or catastrophic injury of another person or the death of a law enforcement animal when operating 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 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. [Pre-1991 Recodification Citation: 9-11-2-5.]

Official sources

Legal terms used in this section

Questions this section answers

Is penalties; death or catastrophic injury; death of a law enforcement animal a felony or a misdemeanor in Indiana?

It depends on the circumstances: penalties; death or catastrophic injury; death of a law enforcement animal ranges from a Level 6 Felony to a Level 4 Felony in Indiana under Ind. Code § 9-30-5-5.

Causing death or catastrophic injury of another person while operating a vehicle intoxicated: Level 4 Felony (Ind. Code § 9-30-5-5(a)) · Causing death of a law enforcement animal while operating a vehicle intoxicated: Level 6 Felony (Ind. Code § 9-30-5-5(b))

Which Indiana statute covers penalties; death or catastrophic injury; death of a law enforcement animal?

Penalties; death or catastrophic injury; death of a law enforcement animal is governed by Ind. Code § 9-30-5-5 (Penalties; death or catastrophic injury; death of a law enforcement animal).

This reference is informational and is not legal advice.