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Indiana statute

Ind. Code § 9-30-5-3 — Penalties; prior offenses; passenger less than 18 years of age

Current through 2026 Regular Session

Part of Chapter 5: Operating a Vehicle While Intoxicated, Indiana Code.

Criminal charges under this statute

Full text of Ind. Code § 9-30-5-3

Statutory text current through the 2026 Regular Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Indiana.

Ind. Code § 9-30-5-3Primary source, current through the 2026 Regular Session
Sec. 3. (a) Except as provided in subsection (b), a person who violates section 1 or 2 of this chapter commits a Level 6 felony if: (1) the person has a previous conviction of operating while intoxicated that occurred within the seven (7) years immediately preceding the occurrence of the violation of section 1 or 2 of this chapter; or (2) the person: (A) is at least twenty-one (21) years of age; (B) violates section 1(b), 1(c), or 2(b) of this chapter; and (C) operated a vehicle in which at least one (1) passenger was less than eighteen (18) years of age. (b) A person who violates section 1 or 2 of this chapter or subsection (a)(2) commits a Level 5 felony if: (1) the person has a previous conviction of operating while intoxicated causing death or catastrophic injury ( IC 9-30-5-5 ); or (2) the person has a previous conviction of operating while intoxicated causing serious bodily injury ( IC 9-30-5-4 ). [Pre-1991 Recodification Citation: 9-11-2-3.]

Official sources

Legal terms used in this section

Questions this section answers

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))

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).

This reference is informational and is not legal advice.