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Indiana Code

Ind. Code § 9-13-2-130 (2025)

"Previous conviction of operating while intoxicated"

✓ 2025 Indiana Code: the 2026 session is not included
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     Sec. 130. "Previous conviction of operating while intoxicated" means a previous conviction for:

(1) an alcohol related or drug related crime under Acts 1939, c.48, s.52, as amended, IC 9-4-1-54 (repealed September 1, 1983), or IC 9-11-2 (repealed July 1, 1991); or

(2) a crime under IC 9-30-5-1 through IC 9-30-5-9.

[Pre-1991 Recodification Citation: 9-11-1-6.5.]

As added by P.L.2-1991, SEC.1. Amended by P.L.1-1992, SEC.36; P.L.142-2020, SEC.7.

 

Notes of Decisions
Cited in 8 cases, 2000–2015 · leading case: State v. Rans, 739 N.E.2d 164 (Ind. Ct. App. 2000).
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State v. Rans, 739 N.E.2d 164 (Ind. Ct. App. 2000). · cites it 7× “CODE § 9-13-2-130(2) (emphasis added). Here, Rans pled guilty to OWI, a Class A misdemeanor under Indiana Code Section 9-30-5-2.”
State v. Akins, 795 N.E.2d 1093 (Ind. Ct. App. 2003). · cites it 14× “Further, Ind.Code § 9-13-2-130 defines "previous conviction of operating while intoxicated" as a previous conviction: (1) in Indiana of: (A) an alcohol related or drug related crime under Acts 1939, c.”
State v. Akins, 824 N.E.2d 676 (Ind. 2005). · cites it 2× “" Ind.Code § 9-13-2-130. Count II charged that the defendant was convicted December 6, 1999, of operating a.”
State of Indiana v. Justin Bazan, 45 N.E.3d 856 (Ind. Ct. App. 2015). · cites it 2× “I.C. § 9-13-2-130. The issue here is whether Bazan’s previous New York conviction is a conviction “in which the elements of the crime for which the conviction was entered are substantially similar to the elements of a crime described in IC 9-30-5-1 through IC 9-30-5-9.”
State v. Eichorst, 957 N.E.2d 1010 (Ind. Ct. App. 2011). · cites it 2× “See Ind.Code § 9-13-2-130 (2009) (" 'Previous conviction of operating while intoxicated’ means a previous conviction .”
Travis Koontz v. State of Indiana, 983 N.E.2d 194 (Ind. Ct. App. 2013). · cites it 2× “Ind. Code § 9-13-2-130 . Therefore, even a conviction of the per se offense would subject Koontz to a Class D felony charge if he were to commit another operating while intoxicated offense within five years of this conviction.”
State v. Traver, 957 N.E.2d 672 (Ind. Ct. App. 2011). · cites it 2× “See Ind.Code § 9-13-2-130 (2010) (" 'Previous conviction of operating while intoxicated’ means a previous conviction .”
State v. Wilson, 958 N.E.2d 1 (Ind. Ct. App. 2011). · cites it 2× “See Ind.Code § 9-13-2-130 (2010) (" 'Previous conviction of operating while intoxicated’ means a previous conviction .”
Ind. Code § 9-13-2-130(2): 1 case
State v. Rans, 739 N.E.2d 164 (Ind. Ct. App. 2000). “CODE § 9-13-2-130(2) (emphasis added). Here, Rans pled guilty to OWI, a Class A misdemeanor under Indiana Code Section 9-30-5-2.”
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