Indiana Code 9-30-5-3. Penalties; prior offenses; passenger less than 18 years of age
(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
Attorney's Note
Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:
For details, see Ind. Code § 35-50-2-6 and Ind. Code § 35-50-2-7Class Prison Fine Level 5 felony between 1 and 6 years up to $10,000 Level 6 felony between 6 mos. and 2 1/2 years up to $10,000 
Terms Used In Indiana Code 9-30-5-3
(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.]
As added by P.L.2-1991, SEC.18. Amended by P.L.175-2001, SEC.7, P.L.243-2001, SEC.1 and P.L.291-2001, SEC.222; P.L.82-2004, SEC.1; P.L.126-2008, SEC.9; P.L.158-2013, SEC.159; P.L.184-2019, SEC.4; P.L.142-2020, SEC.9.