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Indiana Code Title 35. Criminal Law and Procedure § 35-46-9-6

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Sec. 6. (a)?Except as provided in subsections (b) and (c), a person who operates a motorboat while:

(1)?having an alcohol concentration equivalent (as defined in IC 9-13-2-2.4) 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)?having a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person's body; ?or


commits a Class C misdemeanor.

(b)?The offense is a Level 6 felony if:

(1)?the person has a previous conviction under:

(A)?IC 14-1-5 (repealed);

(B)?IC 14-15-8-8 (repealed); ?or

(C)?this chapter; ?or

(2)?the offense results in serious bodily injury to another person.

(c)?The offense is a Level 5 felony if the offense results in the death or catastrophic injury of another person.

(d)?It is a defense to a prosecution under subsection (a)(2) that the accused person consumed the controlled substance in accordance with a valid prescription or order of a practitioner (as defined in IC 35-48-1-24) who acted in the course of the practitioner's professional practice.

Cite this article: - Indiana Code Title 35. Criminal Law and Procedure § 35-46-9-6 - last updated June 08, 2021 |

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