Indiana criminal charge
Intoxication upon common carrier prohibited; failure to enforce by a law enforcement officer in Indiana
Intoxication upon common carrier prohibited; failure to enforce by a law enforcement officer is a criminal offense under Indiana law, defined by Ind. Code § 7.1-5-1-6. 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 § 7.1-5-1-6.
What is the penalty for intoxication upon common carrier prohibited; failure to enforce by a law enforcement officer in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Fine | up to $500 (Intoxication upon common carrier (base offense) — A person becomes intoxicated from alcohol or a controlled substance on a common carrier or related facility and endangers self or others, breaches or risks breaching the peace, or harasses/annoys/alarms another person.; civil judgment, not a criminal conviction (IC 34-28-5); no jail; IC 34-28-5-4(f) exceptions may set a different amount) | discretionary | Ind. Code § 34-28-5-4 |
| Jail / prison | up to 180 days (Intoxication upon common carrier — knowing/intentional with prior adjudication or conviction — The violation described in subsection (a) is committed knowingly or intentionally and the person has a prior unrelated adjudication or conviction for this same offense within the previous five years.) | discretionary | Ind. Code § 35-50-3-3 |
| Fine | up to $1,000 (Intoxication upon common carrier — knowing/intentional with prior adjudication or conviction — The violation described in subsection (a) is committed knowingly or intentionally and the person has a prior unrelated adjudication or conviction for this same offense within the previous five years.) | discretionary | Ind. Code § 35-50-3-3 |
Applies to current.
How is intoxication upon common carrier prohibited; failure to enforce by a law enforcement officer classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Intoxication upon common carrier (base offense) | Class C Infraction | A person becomes intoxicated from alcohol or a controlled substance on a common carrier or related facility and endangers self or others, breaches or risks breaching the peace, or harasses/annoys/alarms another person. | Ind. Code § 7.1-5-1-6(a) |
| Intoxication upon common carrier — knowing/intentional with prior adjudication or conviction | Class B Misdemeanor | The violation described in subsection (a) is committed knowingly or intentionally and the person has a prior unrelated adjudication or conviction for this same offense within the previous five years. | Ind. Code § 7.1-5-1-6(a) |
Common questions about intoxication upon common carrier prohibited; failure to enforce by a law enforcement officer in Indiana
Is intoxication upon common carrier prohibited; failure to enforce by a law enforcement officer a felony or a misdemeanor in Indiana?
It depends on the circumstances: intoxication upon common carrier prohibited; failure to enforce by a law enforcement officer ranges from a Class C Infraction to a Class B Misdemeanor in Indiana under Ind. Code § 7.1-5-1-6.
Intoxication upon common carrier (base offense): Class C Infraction (Ind. Code § 7.1-5-1-6(a)) · Intoxication upon common carrier — knowing/intentional with prior adjudication or conviction: Class B Misdemeanor (Ind. Code § 7.1-5-1-6(a))
What are the penalties for intoxication upon common carrier prohibited; failure to enforce by a law enforcement officer in Indiana?
Penalties for intoxication upon common carrier prohibited; failure to enforce by a law enforcement officer in Indiana depend on how it is classified — from a Class C Infraction up to a Class B Misdemeanor — with the ranges set by Ind. Code § 34-28-5-4 and Ind. Code § 35-50-3-3; the full table of ranges by variant is published on this page.
Which Indiana statute covers intoxication upon common carrier prohibited; failure to enforce by a law enforcement officer?
Intoxication upon common carrier prohibited; failure to enforce by a law enforcement officer is governed by Ind. Code § 7.1-5-1-6 (Intoxication upon common carrier prohibited; failure to enforce by a law enforcement officer).
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.