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Indiana statute

Ind. Code § 9-30-5-4 — Classification of offense; serious bodily injury

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 § 9-30-5-4

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 § 9-30-5-4Primary source, current through the 2026 Regular Session
Sec. 4. (a) A person who causes serious bodily injury to another person when operating a vehicle: (1) with an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol per: (A) one hundred (100) milliliters of the person's blood; or (B) two hundred ten (210) liters of the person's breath; (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 (3) while intoxicated; commits a Level 5 felony. However, the offense is a Level 4 felony if the person has a previous conviction of operating while intoxicated within the five (5) years preceding the commission of the offense. (b) A person who violates subsection (a) commits a separate offense for each person whose serious bodily injury is caused by the violation of subsection (a). (c) It is a defense under subsection (a)(2) that the accused person 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. [Pre-1991 Recodification Citation: 9-11-2-4.]

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Legal terms used in this section

Questions this section answers

Is classification of offense; serious bodily injury a felony or a misdemeanor in Indiana?

It depends on the circumstances: classification of offense; serious bodily injury ranges from a Level 5 Felony to a Level 4 Felony in Indiana under Ind. Code § 9-30-5-4.

Causing serious bodily injury while operating a vehicle intoxicated: Level 5 Felony (Ind. Code § 9-30-5-4(a)) · Causing serious bodily injury while operating a vehicle intoxicated — prior OWI conviction: Level 4 Felony (Ind. Code § 9-30-5-4(a))

Which Indiana statute covers classification of offense; serious bodily injury?

Classification of offense; serious bodily injury is governed by Ind. Code § 9-30-5-4 (Classification of offense; serious bodily injury).

This reference is informational and is not legal advice.