{"data":{"id":"us-in/ic-9-30-5-5","jurisdiction":"us-in","citation":"IC 9-30-5-5","heading":"Penalties; death or catastrophic injury; death of a law enforcement animal","body":"Sec. 5. (a) A person who causes the death or catastrophic injury of another person when operating a vehicle:\n(1) with an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol per:\n(A) one hundred (100) milliliters of the person's blood; or\n(B) two hundred ten (210) liters of the person's breath;\n(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\n(3) while intoxicated;\ncommits a Level 4 felony.\n(b) A person who causes the death of a law enforcement animal (as defined in IC 35-46-3-4.5) when operating a vehicle:\n(1) with an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol per:\n(A) one hundred (100) milliliters of the person's blood; or\n(B) two hundred ten (210) liters of the person's breath; or\n(2) with a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person's blood;\ncommits a Level 6 felony.\n(c) A person who commits an offense under subsection (a) or (b) commits a separate offense for each person or law enforcement animal whose death (or catastrophic injury, in the case of a person) is caused by the violation of subsection (a) or (b).\n(d) It is a defense under subsection (a) or (b) that the person accused of causing the death or catastrophic injury of another person or the death of 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 35-48-1.1) who acted in the course of the practitioner's professional practice.","path":["TITLE 9. MOTOR VEHICLES","ARTICLE 30. GENERAL PENALTY PROVISIONS","Chapter 5. Operating a Vehicle While Intoxicated"],"source_url":"https://iga.in.gov/ic/2026/Title_9.html#9-30-5-5","current_through":"2026","vintage":"2026","retrieved_at":"2026-07-08T17:54:09Z","sha256":"498ae610e03be774e38330a646055922f8b1bd53f161222a0c4f78cf907b879b","source_id":"us-in","stale":false,"prev":"us-in/ic-9-30-5-4","next":"us-in/ic-9-30-5-6"},"notice":"GroundRules: Original legal text. Not legal advice."}