Indiana Code
Ind. Code § 9-30-5-4 (2026)
Classification of offense; serious bodily injury
✓ current as of May 2026
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.]
As added by P.L.2-1991, SEC.18. Amended by P.L.53-1994, SEC.5; P.L.97-1996, SEC.3; P.L.96-1996, SEC.3; P.L.33-1997, SEC.8; P.L.1-2000, SEC.8; P.L.175-2001, SEC.8; P.L.76-2004, SEC.3; P.L.125-2012, SEC.335; P.L.158-2013, SEC.160; P.L.63-2018, SEC.2; P.L.184-2019, SEC.5; P.L.186-2025, SEC.86.
Notes of Decisions
Cited in 61
cases (5 in the last 5 years), 1993–2026 · leading case: Wendy Thompson v. State of Indiana, 5 N.E.3d 383 (Ind. Ct. App. 2014).
Wendy Thompson v. State of Indiana, 5 N.E.3d 383 (Ind. Ct. App. 2014). “Indiana Code section 9-30-5-4 states: (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.”
James D. Foutch v. State of Indiana, 53 N.E.3d 577 (Ind. Ct. App. 2016). “§ 35-42-1-5 (2013); Count IV, causing serious bodily injury when operating a'vehicle with a Schedule I or II controlled substance in his body, a Class D felony, I.C. § 9-30-5-4(a)(2) (2013); Count V, causing serious bodily injury when operating a vehicle while intoxicated, a…”
Wells v. State, 836 N.E.2d 475 (Ind. Ct. App. 2005). “…sentence be crafted within the parameters of the terms of the written modified plea agreement and the law. NOTES [1] Ind.Code § 9-30-5-4.”
Stroud v. Lints, 760 N.E.2d 1176 (Ind. Ct. App. 2002). “Ind.Code §§ 9-30-5-4 and XX-XX-X-X(a). The punitive damages award here is thus fifty times greater than the possible criminal monetary penalty.”
Jose Guzman v. State of Indiana, 985 N.E.2d 1125 (Ind. Ct. App. 2013). “Ind.Code § 9-30-5-4 (2011). 5 .Ind.Code § 9-30-5-4.”
Leocal v. Ashcroft, 543 U.S. 1 (2004). “625, § 5/11—501(d)(1)(C) (West 2002); Ind. Code § 9-30-5-4 (1993); Iowa Code §707 .”
Freeman v. State, 658 N.E.2d 68 (Ind. 1995). “[10] Recodified at Ind.Code Ann. § 9-30-5-4 (West 1992). [11] Recodified at Ind.”
Haltom v. State, 832 N.E.2d 969 (Ind. 2005). “NOTES [1] Ind.Code § 9-30-5-4(a)(1) (1998). [2] In the instant case the trial court ordered Haltom to pay $27,956.”
David Bisard v. State of Indiana, 26 N.E.3d 1060 (Ind. Ct. App. 2015). “Ind.Code Ann. § 9-30-5-4 (West, Westlaw current with all 2014 Public Laws of the 2014 Second Regular Session and Second Regular Technical Session of the 118th General Assembly).”
Kellett v. State, 716 N.E.2d 975 (Ind. Ct. App. 1999). “Ind.Code § 9-30-5-4. 2 . Ind.Code § 35-50-5-3(a) provides in pertinent part that " .”
Christina M. Kovats v. State of Indiana, 982 N.E.2d 409 (Ind. Ct. App. 2013). “Kovats was convicted of OWI as a Class D felony pursuant to Indiana Code section 9-30-5-4(a), which provides in relevant part that “[a] person who causes serious bodily injury to another person when operating a vehicle .”
Scuro v. State, 849 N.E.2d 682 (Ind. Ct. App. 2006). “Now I.C. § 9-30-5-4. 7 . Now I.C. § 9-30-5-5.”
— Ind. Code § 9-30-5-4(a) — 6 cases
Wendy Thompson v. State of Indiana, 5 N.E.3d 383 (Ind. Ct. App. 2014). “Indiana Code section 9-30-5-4 states: (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.”
Christina M. Kovats v. State of Indiana, 982 N.E.2d 409 (Ind. Ct. App. 2013). “Kovats was convicted of OWI as a Class D felony pursuant to Indiana Code section 9-30-5-4(a), which provides in relevant part that “[a] person who causes serious bodily injury to another person when operating a vehicle .”
Bunting v. State, 731 N.E.2d 31 (Ind. Ct. App. 2000).
State v. Holtsclaw, 961 N.E.2d 1026 (Ind. Ct. App. 2012).
Jordan B. Wadle v. State of Indiana (Ind. 2020).
— Ind. Code § 9-30-5-4(a)(1) — 5 cases
Wendy Thompson v. State of Indiana, 5 N.E.3d 383 (Ind. Ct. App. 2014). “Indiana Code section 9-30-5-4 states: (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.”
Haltom v. State, 832 N.E.2d 969 (Ind. 2005). “NOTES [1] Ind.Code § 9-30-5-4(a)(1) (1998). [2] In the instant case the trial court ordered Haltom to pay $27,956.”
Mouhamadou M. Sow v. State of Indiana (mem. dec.) (Ind. Ct. App. 2017).
State of Indiana v. Wesley Ryder (Ind. 2020).
Brent Thomas Wills v. State of Indiana (Ind. Ct. App. 2025).
— Ind. Code § 9-30-5-4(a)(1)(B) — 2 cases
State v. Holtsclaw, 961 N.E.2d 1026 (Ind. Ct. App. 2012).
State of Indiana v. Elvis Holtsclaw (Ind. Ct. App. 2012).
— Ind. Code § 9-30-5-4(a)(2) — 4 cases
James D. Foutch v. State of Indiana, 53 N.E.3d 577 (Ind. Ct. App. 2016). “§ 35-42-1-5 (2013); Count IV, causing serious bodily injury when operating a'vehicle with a Schedule I or II controlled substance in his body, a Class D felony, I.C. § 9-30-5-4(a)(2) (2013); Count V, causing serious bodily injury when operating a vehicle while intoxicated, a…”
Keckler v. Meridian Sec. Ins. Co., 967 N.E.2d 18 (Ind. Ct. App. 2012).
Wiggins v. State, 817 N.E.2d 652 (Ind. Ct. App. 2004).
Shawn A. Keckler, Kari Felda, Special Admin. to the Est. of Ryan S. Holloway, Janice Norman, Dewayne Scott, Timothy J. Boganwright v. Meridian Sec. Ins. Co. (Ind. Ct. App. 2012).
— Ind. Code § 9-30-5-4(a)(3) — 6 cases
Wendy Thompson v. State of Indiana, 5 N.E.3d 383 (Ind. Ct. App. 2014). “Indiana Code section 9-30-5-4 states: (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.”
James D. Foutch v. State of Indiana, 53 N.E.3d 577 (Ind. Ct. App. 2016). “§ 35-42-1-5 (2013); Count IV, causing serious bodily injury when operating a'vehicle with a Schedule I or II controlled substance in his body, a Class D felony, I.C. § 9-30-5-4(a)(2) (2013); Count V, causing serious bodily injury when operating a vehicle while intoxicated, a…”
State v. Holtsclaw, 961 N.E.2d 1026 (Ind. Ct. App. 2012).
Perkins v. State, 812 N.E.2d 836 (Ind. Ct. App. 2004).
Brent Thomas Wills v. State of Indiana (Ind. Ct. App. 2025).
— Ind. Code § 9-30-5-4(a)(l) — 1 case
Wendy Thompson v. State of Indiana, 5 N.E.3d 383 (Ind. Ct. App. 2014). “Indiana Code section 9-30-5-4 states: (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.”
— Ind. Code § 9-30-5-4(b) — 3 cases
Scuro v. State, 849 N.E.2d 682 (Ind. Ct. App. 2006). “Now I.C. § 9-30-5-4. 7 . Now I.C. § 9-30-5-5.”
Joel Barrozo v. State of Indiana (Ind. Ct. App. 2020).
Marvin Moyers v. State of Indiana (Ind. 2026).
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