Sec. 5. (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 35-48-1.1) who acted in the course of the practitioner's
professional practice.
[Pre-1991 Recodification Citation: 9-11-2-5.]
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; P.L.125-2012, SEC.336; P.L.158-2013,
SEC.161; P.L.26-2016, SEC.1; P.L.123-2017, SEC.2; P.L.63-2018,
SEC.3; P.L.184-2019, SEC.6; P.L.186-2025, SEC.87.
Notes of Decisions
Cited in
84
cases (
7 in the last 5 years), 1994–2026 · leading case:
Radick v. State, 863 N.E.2d 356 (Ind. Ct. App. 2007).
Radick v. State, 863 N.E.2d 356 (Ind. Ct. App. 2007).
· cites it 40× “Code § 9-30-5-1(c), which is a lesser included offense of Ind. Code § 9-30-5-5 and provides: "A person who operates a vehicle with a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person's body commits a Class C misdemeanor.”
Howard B. Gutenstein v. State of Indiana, 59 N.E.3d 984 (Ind. Ct. App. 2016).
· cites it 10× “At the time of the offense, Ind.Code § 9-30-5-5 provided in part that “[a] person who causes the death of another person when operating a vehicle .”
Abney v. State, 766 N.E.2d 1175 (Ind. 2002).
· cites it 8× “" Section 9-30-5-5 states that a person who violates section 9-30-5-1 commits a Class C felony "if the crime results in the death of another person.”
Ballinger v. State, 717 N.E.2d 939 (Ind. Ct. App. 1999).
· cites it 11× “The abstract lists two convictions, both for operating a motor vehicle while intoxicated as a class C felony under Ind.Code 9-30-5-5. This is clearly erroneous, not only because of the double jeopardy concerns raised by Ballinger’s conviction for a lesser included offense, but…”
James D. Foutch v. State of Indiana, 53 N.E.3d 577 (Ind. Ct. App. 2016).
· cites it 4× “§ 9-30-5-5(b)(2) (2013); Count II, causing death when operating a vehicle while intoxicated, a Class C felony, I.C. § 9-30-5-5(a)(3); Count III, reckless homicide, a Class C felony, I.”
Rodriguez v. State, 785 N.E.2d 1169 (Ind. Ct. App. 2003).
· cites it 5× “On September 12, 2001, the State filed an information against Rodriguez charging him with Count I, operating a vehicle while intoxicated causing death, a Class C felony, Ind.Code § 9-30-5-5; Count II, operating a vehicle with .”
Brian L. Paquette v. State of Indiana, 101 N.E.3d 234 (Ind. 2018).
· cites it 4× “" Ind. Code § 9-30-5-5 (a)(3). Subsection (e) goes on to expressly allow multiple convictions if multiple *241 deaths occur; it provides that a person who violates the statute "commits a separate offense for each [victim] whose death is caused by the violation[.”
Gibson v. State, 856 N.E.2d 142 (Ind. Ct. App. 2006).
· cites it 2× “…the previous five years or if his or her license is suspended because of an operating while intoxicated offense. See I.C. § 9-30-5-5(a). '”
Freeman v. State, 658 N.E.2d 68 (Ind. 1995).
· cites it 4× “[11] Recodified at Ind.Code Ann. § 9-30-5-5 (West 1992). [12] Recodified at Ind.”
Bennett v. State, 801 N.E.2d 170 (Ind. Ct. App. 2003).
· cites it 10× “Ind. Code § 9-30-5-5 . We affirm. ISSUES Bennett raises two issues for our review, which we restate as: I.”
— Ind. Code § 9-30-5-5(3) — 1 case
— Ind. Code § 9-30-5-5(a) — 12 cases
Gibson v. State, 856 N.E.2d 142 (Ind. Ct. App. 2006).
“…the previous five years or if his or her license is suspended because of an operating while intoxicated offense. See I.C. § 9-30-5-5(a). '”
Radick v. State, 863 N.E.2d 356 (Ind. Ct. App. 2007).
“Code § 9-30-5-1(c), which is a lesser included offense of Ind. Code § 9-30-5-5 and provides: "A person who operates a vehicle with a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person's body commits a Class C misdemeanor.”
— Ind. Code § 9-30-5-5(a)(1) — 3 cases
— Ind. Code § 9-30-5-5(a)(2) — 5 cases
— Ind. Code § 9-30-5-5(a)(3) — 10 cases
James D. Foutch v. State of Indiana, 53 N.E.3d 577 (Ind. Ct. App. 2016).
“§ 9-30-5-5(b)(2) (2013); Count II, causing death when operating a vehicle while intoxicated, a Class C felony, I.C. § 9-30-5-5(a)(3); Count III, reckless homicide, a Class C felony, I.”
Rodriguez v. State, 785 N.E.2d 1169 (Ind. Ct. App. 2003).
“On September 12, 2001, the State filed an information against Rodriguez charging him with Count I, operating a vehicle while intoxicated causing death, a Class C felony, Ind.Code § 9-30-5-5; Count II, operating a vehicle with .”
— Ind. Code § 9-30-5-5(a)(l) — 1 case
— Ind. Code § 9-30-5-5(a)(l)(A) — 1 case
— Ind. Code § 9-30-5-5(a2) — 1 case
Bennett v. State, 801 N.E.2d 170 (Ind. Ct. App. 2003).
“Ind. Code § 9-30-5-5 . We affirm. ISSUES Bennett raises two issues for our review, which we restate as: I.”
— Ind. Code § 9-30-5-5(b) — 6 cases
Radick v. State, 863 N.E.2d 356 (Ind. Ct. App. 2007).
“Code § 9-30-5-1(c), which is a lesser included offense of Ind. Code § 9-30-5-5 and provides: "A person who operates a vehicle with a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person's body commits a Class C misdemeanor.”
Ballinger v. State, 717 N.E.2d 939 (Ind. Ct. App. 1999).
“The abstract lists two convictions, both for operating a motor vehicle while intoxicated as a class C felony under Ind.Code 9-30-5-5. This is clearly erroneous, not only because of the double jeopardy concerns raised by Ballinger’s conviction for a lesser included offense, but…”
Bennett v. State, 801 N.E.2d 170 (Ind. Ct. App. 2003).
“Ind. Code § 9-30-5-5 . We affirm. ISSUES Bennett raises two issues for our review, which we restate as: I.”
— Ind. Code § 9-30-5-5(b)(1) — 3 cases
— Ind. Code § 9-30-5-5(b)(2) — 3 cases
James D. Foutch v. State of Indiana, 53 N.E.3d 577 (Ind. Ct. App. 2016).
“§ 9-30-5-5(b)(2) (2013); Count II, causing death when operating a vehicle while intoxicated, a Class C felony, I.C. § 9-30-5-5(a)(3); Count III, reckless homicide, a Class C felony, I.”
— Ind. Code § 9-30-5-5(b)(l) — 1 case
— Ind. Code § 9-30-5-5(c) — 1 case
— Ind. Code § 9-30-5-5(c)(1) — 1 case
— Ind. Code § 9-30-5-5(d) — 1 case
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