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Indiana criminal charge

Class C misdemeanor; defense in Indiana

Current through 2026 Indiana legislative session

Class C misdemeanor; defense is a criminal offense under Indiana law, defined by Ind. Code § 9-30-5-1. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.

Defined by Ind. Code § 9-30-5-1.

What is the penalty for class c misdemeanor; defense in Indiana?

Penalties for Class C misdemeanor; defense
PenaltyRangeBasisAuthority
Jail / prisonup to 60 days (Operating with alcohol concentration 0.08 to 0.15 — Person operates a vehicle with an alcohol concentration equivalent to at least 0.08 gram but less than 0.15 gram of alcohol per 100 milliliters of blood or 210 liters of breath.)discretionaryInd. Code § 35-50-3-4
Fineup to $500 (Operating with alcohol concentration 0.08 to 0.15 — Person operates a vehicle with an alcohol concentration equivalent to at least 0.08 gram but less than 0.15 gram of alcohol per 100 milliliters of blood or 210 liters of breath.)discretionaryInd. Code § 35-50-3-4
Jail / prisonup to 1 year (Operating with alcohol concentration 0.15 or more — Person operates a vehicle with an alcohol concentration equivalent to at least 0.15 gram of alcohol per 100 milliliters of blood or 210 liters of breath.)discretionaryInd. Code § 35-50-3-2
Fineup to $5,000 (Operating with alcohol concentration 0.15 or more — Person operates a vehicle with an alcohol concentration equivalent to at least 0.15 gram of alcohol per 100 milliliters of blood or 210 liters of breath.)discretionaryInd. Code § 35-50-3-2
Jail / prisonup to 60 days (Operating with schedule I or II controlled substance or metabolite in blood — Person operates 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.)discretionaryInd. Code § 35-50-3-4
Fineup to $500 (Operating with schedule I or II controlled substance or metabolite in blood — Person operates 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.)discretionaryInd. Code § 35-50-3-4

Applies to current.

How is class c misdemeanor; defense classified in Indiana?

The classification depends on the circumstances:

Classification variants for Class C misdemeanor; defense
VariantClassificationWhen it appliesStatute
Operating with alcohol concentration 0.08 to 0.15Class C MisdemeanorPerson operates a vehicle with an alcohol concentration equivalent to at least 0.08 gram but less than 0.15 gram of alcohol per 100 milliliters of blood or 210 liters of breath.Ind. Code § 9-30-5-1(a)
Operating with alcohol concentration 0.15 or moreClass A MisdemeanorPerson operates a vehicle with an alcohol concentration equivalent to at least 0.15 gram of alcohol per 100 milliliters of blood or 210 liters of breath.Ind. Code § 9-30-5-1(b)
Operating with schedule I or II controlled substance or metabolite in bloodClass C MisdemeanorPerson operates 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.Ind. Code § 9-30-5-1(c)

Common questions about class c misdemeanor; defense in Indiana

Is class C misdemeanor; defense a felony or a misdemeanor in Indiana?

It depends on the circumstances: class C misdemeanor; defense ranges from a Class C Misdemeanor to a Class A Misdemeanor in Indiana under Ind. Code § 9-30-5-1.

Operating with alcohol concentration 0.08 to 0.15: Class C Misdemeanor (Ind. Code § 9-30-5-1(a)) · Operating with alcohol concentration 0.15 or more: Class A Misdemeanor (Ind. Code § 9-30-5-1(b)) · Operating with schedule I or II controlled substance or metabolite in blood: Class C Misdemeanor (Ind. Code § 9-30-5-1(c))

What are the penalties for class C misdemeanor; defense in Indiana?

Penalties for class C misdemeanor; defense in Indiana depend on how it is classified — from a Class C Misdemeanor up to a Class A Misdemeanor — with the ranges set by Ind. Code § 35-50-3-4 and Ind. Code § 35-50-3-2; the full table of ranges by variant is published on this page.

Which Indiana statute covers class C misdemeanor; defense?

Class C misdemeanor; defense is governed by Ind. Code § 9-30-5-1 (Class C misdemeanor; defense).

Legal terms used in this law

This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.