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Indiana Code

Ind. Code § 9-13-2-86 (2026)

"Intoxicated"

✓ current as of May 2026
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     Sec. 86. "Intoxicated" means under the influence of:

(1) alcohol;

(2) a controlled substance (as defined in IC 35-48-1.1);

(3) a drug other than alcohol or a controlled substance;

(4) a substance described in IC 35-46-6-2 or IC 35-46-6-3;

(5) a combination of substances described in subdivisions (1) through (4); or

(6) any other substance, not including food and food ingredients (as defined in IC 6-2.5-1-20), tobacco (as defined in IC 6-2.5-1-28), or a dietary supplement (as defined in IC 6-2.5-1-16);

so that there is an impaired condition of thought and action and the loss of normal control of a person's faculties.

[Pre-1991 Recodification Citation: 9-11-1-5.]

As added by P.L.2-1991, SEC.1. Amended by P.L.175-2001, SEC.1; P.L.151-2006, SEC.4; P.L.196-2013, SEC.3; P.L.186-2025, SEC.82.

 

Notes of Decisions
Cited in 127 cases (2 in the last 5 years), 1992–2025 · leading case: Tin Thang v. State of Indiana, 10 N.E.3d 1256 (Ind. 2014).
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Tin Thang v. State of Indiana, 10 N.E.3d 1256 (Ind. 2014). · cites it 6× “See Ind. Code § 9-13-2-86 (Supp. 2001); Act of May 9, 2001, P.”
Staley v. State, 895 N.E.2d 1245 (Ind. Ct. App. 2008). · cites it 6× “” I.C. § 9-13-2-86. Impairment can be established by evidence of (1) the consumption of significant amounts of alcohol; (2) impaired attention and reflexes; (3) watery or bloodshot eyes; (4) the odor of alcohol on the breath; (5) unsteady balance; (6) failure of field sobriety…”
Wells v. State, 848 N.E.2d 1133 (Ind. Ct. App. 2006). · cites it 8× “" Indiana Code Section 9-13-2-86 defines "intoxicated" as being under the influence of alcohol or another substance "so that there is an impaired condition of thought and action and the loss of normal control of a person's faculties.”
David Sesay v. State of Indiana, 5 N.E.3d 478 (Ind. Ct. App. 2014). · cites it 7× “Code § 9-13-2-86 (1991). In 2001, the legislature amended these two statutes to eliminate the phrase “to an extent that endangers a person” from the definition of intoxication in section 9-13-2-86 and instead establish two separate misdemeanor crimes of OWI, one of which now…”
Curtis v. State, 937 N.E.2d 868 (Ind. Ct. App. 2010). · cites it 8× “According to Curtis, Ind.Code Ann. § 9-13-2-86 (West, Westlaw through 2010 2nd Regular Sess.”
State v. Isaacs, 794 N.E.2d 1120 (Ind. Ct. App. 2003). · cites it 4× “"Intoxicated" is defined as operating under the influence of any controlled substance as defined by statute "so that there is an impaired condition of thought and action and the loss of normal control of a person's faculties" IC. § 9-13-2-86. "Controlled substance" in Section…”
Woodson v. State, 966 N.E.2d 135 (Ind. Ct. App. 2012). · cites it 4× “Indiana Code section 9-13-2-86 (2004) defines “intoxicated” as “under the influence of alcohol .”
Platt v. State, 589 N.E.2d 222 (Ind. 1992). · cites it 4× “[2] This statute is now found at Ind. Code § 9-13-2-86 (West Supp. 1991), essentially unchanged.”
Marks v. State, 864 N.E.2d 408 (Ind. Ct. App. 2007). · cites it 8× “Indiana Code Section 9-13-2-86 defines "intoxicated" in pertinent part as under the influence of alcohol "so that there is an impaired condition of thought and action and the loss of normal control of a person's faculties.”
Blinn v. State, 677 N.E.2d 51 (Ind. Ct. App. 1997). · cites it 8× “Ind.Code § 9-13-2-86. It was not error to admit evidence of Blinn's serum alcohol content.”
Ackerman v. State, 774 N.E.2d 970 (Ind. Ct. App. 2002). · cites it 2× “]” Indiana Code Section 9-13-2-86 defines "intoxicated” as "under the influence of .”
Slate v. State, 798 N.E.2d 510 (Ind. Ct. App. 2003). · cites it 4× “As such, Slate's argument continues, the trial court abused its discretion by giving Instruction Five to the jury. We disagree. Prior to 2001, Indiana Code Section 9-30-5-2 provided that: "A person who operates a vehicle while intoxicated commits a Class A misdemeanor.”
Show all 127 citing cases →
— Ind. Code § 9-13-2-86(1) — 6 cases
Eric A. Bail v. State of Indiana (mem. dec.) (Ind. Ct. App. 2016).
Jesse N. Cole v. State of Indiana (mem. dec.) (Ind. Ct. App. 2016).
Jacoby Sanders v. State of Indiana (mem. dec.) (Ind. Ct. App. 2016).
Jack Lee v. State of Indiana (Ind. Ct. App. 2013).
Karen K. Hardison v. State of Indiana (Ind. Ct. App. 2015).
— Ind. Code § 9-13-2-86(4) — 1 case
State of Indiana v. Randall Scott Stiverson (Ind. Ct. App. 2014).
— Ind. Code § 9-13-2-86(6) — 1 case
State of Indiana v. Randall Scott Stiverson (Ind. Ct. App. 2014).
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