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Indiana criminal charge

Penalties; prior offenses; passenger less than 18 years of age in Indiana

Current through 2026 Indiana legislative session

Penalties; prior offenses; passenger less than 18 years of age is a criminal offense under Indiana law, defined by Ind. Code § 9-30-5-3. 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 § 9-30-5-3.

What is the penalty for penalties; prior offenses; passenger less than 18 years of age in Indiana?

Penalties for Penalties; prior offenses; passenger less than 18 years of age
PenaltyRangeBasisAuthority
Jail / prison6 months to 30 months (OWI with prior OWI conviction within 7 years — Person violates section 1 or 2 and has a previous OWI conviction within the 7 years preceding the current violation.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c)))presumptiveInd. Code § 35-50-2-7
Fineup to $10,000 (OWI with prior OWI conviction within 7 years — Person violates section 1 or 2 and has a previous OWI conviction within the 7 years preceding the current violation.)discretionaryInd. Code § 35-50-2-7
Jail / prison6 months to 30 months (OWI with minor passenger by adult offender — Person is at least 21 years old, violates section 1(b), 1(c), or 2(b), and operated a vehicle with a passenger less than 18 years of age.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c)))presumptiveInd. Code § 35-50-2-7
Fineup to $10,000 (OWI with minor passenger by adult offender — Person is at least 21 years old, violates section 1(b), 1(c), or 2(b), and operated a vehicle with a passenger less than 18 years of age.)discretionaryInd. Code § 35-50-2-7
Jail / prison1 years to 6 years (OWI with prior operating while intoxicated causing death or catastrophic injury — Person violates section 1, 2, or subsection (a)(2) and has a previous conviction for operating while intoxicated causing death or catastrophic injury.; fixed term; advisory sentence 3 years)presumptiveInd. Code § 35-50-2-6
Fineup to $10,000 (OWI with prior operating while intoxicated causing death or catastrophic injury — Person violates section 1, 2, or subsection (a)(2) and has a previous conviction for operating while intoxicated causing death or catastrophic injury.)discretionaryInd. Code § 35-50-2-6
Jail / prison1 years to 6 years (OWI with prior operating while intoxicated causing serious bodily injury — Person violates section 1, 2, or subsection (a)(2) and has a previous conviction for operating while intoxicated causing serious bodily injury.; fixed term; advisory sentence 3 years)presumptiveInd. Code § 35-50-2-6
Fineup to $10,000 (OWI with prior operating while intoxicated causing serious bodily injury — Person violates section 1, 2, or subsection (a)(2) and has a previous conviction for operating while intoxicated causing serious bodily injury.)discretionaryInd. Code § 35-50-2-6

Applies to offenses committed after June 30, 2014 (P.L.158-2013).

How is penalties; prior offenses; passenger less than 18 years of age classified in Indiana?

The classification depends on the circumstances:

Classification variants for Penalties; prior offenses; passenger less than 18 years of age
VariantClassificationWhen it appliesStatute
OWI with prior OWI conviction within 7 yearsLevel 6 FelonyPerson violates section 1 or 2 and has a previous OWI conviction within the 7 years preceding the current violation.Ind. Code § 9-30-5-3(a)
OWI with minor passenger by adult offenderLevel 6 FelonyPerson is at least 21 years old, violates section 1(b), 1(c), or 2(b), and operated a vehicle with a passenger less than 18 years of age.Ind. Code § 9-30-5-3(a)
OWI with prior operating while intoxicated causing death or catastrophic injuryLevel 5 FelonyPerson violates section 1, 2, or subsection (a)(2) and has a previous conviction for operating while intoxicated causing death or catastrophic injury.Ind. Code § 9-30-5-3(b)
OWI with prior operating while intoxicated causing serious bodily injuryLevel 5 FelonyPerson violates section 1, 2, or subsection (a)(2) and has a previous conviction for operating while intoxicated causing serious bodily injury.Ind. Code § 9-30-5-3(b)

Common questions about penalties; prior offenses; passenger less than 18 years of age in Indiana

Is penalties; prior offenses; passenger less than 18 years of age a felony or a misdemeanor in Indiana?

It depends on the circumstances: penalties; prior offenses; passenger less than 18 years of age ranges from a Level 6 Felony to a Level 5 Felony in Indiana under Ind. Code § 9-30-5-3.

OWI with prior OWI conviction within 7 years: Level 6 Felony (Ind. Code § 9-30-5-3(a)) · OWI with minor passenger by adult offender: Level 6 Felony (Ind. Code § 9-30-5-3(a)) · OWI with prior operating while intoxicated causing death or catastrophic injury: Level 5 Felony (Ind. Code § 9-30-5-3(b)) · OWI with prior operating while intoxicated causing serious bodily injury: Level 5 Felony (Ind. Code § 9-30-5-3(b))

What are the penalties for penalties; prior offenses; passenger less than 18 years of age in Indiana?

Penalties for penalties; prior offenses; passenger less than 18 years of age in Indiana depend on how it is classified — from a Level 6 Felony up to a Level 5 Felony — with the ranges set by Ind. Code § 35-50-2-7 and Ind. Code § 35-50-2-6; the full table of ranges by variant is published on this page.

Which Indiana statute covers penalties; prior offenses; passenger less than 18 years of age?

Penalties; prior offenses; passenger less than 18 years of age is governed by Ind. Code § 9-30-5-3 (Penalties; prior offenses; passenger less than 18 years of age).

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.