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(A) IC 14-1-5 (repealed);
(B) IC 14-15-8-8 (repealed); or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: FindLaw.com - Indiana Code Title 35. Criminal Law and Procedure § 35-46-9-6 - last updated June 08, 2021 | https://codes.findlaw.com/in/title-35-criminal-law-and-procedure/in-code-sect-35-46-9-6.html
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