Indiana Code Title 9. Motor Vehicles § 9-30-5-5




Sec. 5 . (a) A person who causes the death 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 5 felony, except as provided in subsection (b).

(b) A person who causes the death of another person when operating a vehicle under the conditions set forth in subsection (a)(1), (a)(2), or (a)(3) commits a Level 4 felony if:

(1) the person operating the vehicle has a previous conviction of operating while intoxicated within the ten (10) years preceding the commission of the offense;

(2) the person operating the vehicle knows that the person's driver's license, driving privilege, or permit is suspended or revoked for a previous conviction for operating a vehicle while intoxicated;  or

(3) the driving privileges of the person operating the vehicle are suspended under IC 9-30-10 because the person is a habitual violator.

(c) A person at least twenty-one (21) years of age who causes the death of another person when operating a vehicle:

(1) with an alcohol concentration equivalent to at least fifteen-hundredths (0.15) 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 4 felony.

(d) 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.

(e) A person who commits an offense under subsection (a), (b), (c), or (d) commits a separate offense for each person or law enforcement animal whose death is caused by the violation of subsection (a), (b), (c), or (d).

(f) It is a defense under subsection (a), (b), (c), or (d) that the person accused of causing the death of another person or 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) who acted in the course of the practitioner's professional practice.





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