(1) the person has a previous conviction of operating while intoxicated that occurred within the seven (7) years immediately preceding the occurrence of the violation of section 1 or 2 of this chapter; or
(2) the person:
(A) is at least twenty-one (21) years of age;
(B) violates section 1(b) , 1(c), or 2(b) of this chapter; and
(C) operated a vehicle in which at least one (1) passenger was less than eighteen (18) years of age.
(b) A person who violates section 1 or 2 of this chapter or subsection (a)(2) commits a Level 5 felony if:
(1) the person has a previous conviction of operating while intoxicated causing death or catastrophic injury ( IC 9-30-5-5 ); or
(2) the person has a previous conviction of operating while intoxicated causing serious bodily injury ( IC 9-30-5-4 ).
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