IC 9-24-18-1: Driving without a license

Sec. 1. (a) An individual, except an individual exempted under IC 9-24-1-7, who knowingly or intentionally operates a motor vehicle upon a highway and has never received a valid driver's license commits a Class C misdemeanor. However, the offense is a:

(1) Class A misdemeanor if the individual has a prior unrelated conviction under this section;

(2) Class A misdemeanor if the operation of the motor vehicle results in bodily injury;

(3) Level 6 felony if the operation of the motor vehicle results in serious bodily injury; or

(4) Level 5 felony if the operation of the motor vehicle results in the death or catastrophic injury of another person.

(b) In a prosecution under this section, the burden is on the defendant to prove by a preponderance of the evidence that the defendant:

(1) had been issued a driver's license or permit that was valid; or

(2) was operating a motor driven cycle;

at the time of the alleged offense. However, it is not a defense under subdivision (2) if the defendant was operating the motor driven cycle in violation of IC 9-21-11-12.