Section 9-30-5-5 - Penalties; death or catastrophic injury; death of a law enforcement animal(a) A person who causes the death or catastrophic injury of 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 4 felony.
(b) A person who causes the death of a law enforcement animal (as defined in IC 35-46-3-4.5) 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; or(2) with a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person's blood; commits a Level 6 felony.
(c) A person who commits an offense under subsection (a) or (b) commits a separate offense for each person or law enforcement animal whose death (or catastrophic injury, in the case of a person) is caused by the violation of subsection (a) or (b).(d) It is a defense under subsection (a) or (b) that the person accused of causing the death or catastrophic injury of another person or the death of a law enforcement animal when operating 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 consumed the controlled substance in accordance with a valid prescription or order of a practitioner (as defined in IC 35-48-1) who acted in the course of the practitioner's professional practice.Pre-1991 Recodification Citation: 9-11-2-5.
Amended by P.L. 184-2019,SEC. 6, eff. 7/1/2019.Amended by P.L. 63-2018,SEC. 3, eff. 7/1/2018.Amended by P.L. 123-2017,SEC. 2, eff. 7/1/2017.Amended by P.L. 26-2016, SEC. 1, eff. 7/1/2016.Amended by P.L. 158-2013, SEC. 161, eff. 7/1/2014.Amended by P.L. 125-2012, SEC. 336, eff. 7/1/2012.As added by P.L. 2-1991, SEC.18. Amended by P.L. 53-1994, SEC.6; P.L. 97-1996, SEC.4; P.L. 96-1996, SEC.4; P.L. 33-1997, SEC.9; P.L. 1-2000, SEC.9; P.L. 120-2000, SEC.1; P.L. 175-2001, SEC.9; P.L. 82-2004, SEC.2; P.L. 76-2004, SEC.4; P.L. 2-2005, SEC.36; P.L. 102-2010, SEC.1.