Class D felony; previous convictions; passenger less than 18 years
of age
Sec. 3. A person who violates section 1 or 2 of this chapter
commits a Class D felony if:
(1) the person has a previous conviction of operating while
intoxicated that occurred within the five (5) 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) 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.
As added by P.L.2-1991, SEC.18. Amended by P.L.175-2001, SEC.7,
P.L.243-2001, SEC.1 and P.L.291-2001, SEC.222; P.L.82-2004,
SEC.1.
Last modified: May 27, 2006