Classification of offense; death
Sec. 5. (a) A person who causes the death of 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 blood; or
(3) while intoxicated;
commits a Class C felony. However, the offense is a Class B felony
if the person has a previous conviction of operating while intoxicated
within the five (5) years preceding the commission of the offense, or
if the person operated the motor vehicle when the person knew 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.
(b) A person at least twenty-one (21) years of age who causes the
death of another person when operating a motor 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 Class B felony.
(c) A person who violates subsection (a) or (b) commits a separate
offense for each person whose death is caused by the violation of
subsection (a) or (b).
(d) It is a defense under subsection (a)(2) or subsection (b)(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.6;
P.L.97-1996, SEC.4; P.L.96-1996, SEC.4; P.L.33-1997, SEC.9;
P.L.1-2000, SEC.9; P.L.120-2000, SEC.1; P.L.175-2001, SEC.9;
P.L.82-2004, SEC.2; P.L.76-2004, SEC.4; P.L.2-2005, SEC.36.
Last modified: May 27, 2006