Classification of offense; serious bodily injury
Sec. 4. (a) A person who causes serious bodily injury to another
person when operating a motor 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 body; or
(3) while intoxicated;
commits a Class D felony. However, the offense is a Class C felony
if the person has a previous conviction of operating while intoxicated
within the five (5) years preceding the commission of the offense.
(b) A person who violates subsection (a) commits a separate
offense for each person whose serious bodily injury is caused by the
violation of subsection (a).
(c) It is a defense under subsection (a)(2) that the accused person
consumed the controlled substance under 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.
As added by P.L.2-1991, SEC.18. Amended by P.L.53-1994, SEC.5;
P.L.97-1996, SEC.3; P.L.96-1996, SEC.3; P.L.33-1997, SEC.8;
P.L.1-2000, SEC.8; P.L.175-2001, SEC.8; P.L.76-2004, SEC.3.
Last modified: May 27, 2006