4) 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) having a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person's body; or(3) intoxicated;commits a Class C misdemeanor.(b) The offense is a Level 6 felony if:(1) the person has a previous conviction under:(A) IC 14-1-5 (repealed);(B) IC 14-15-8-8 (repealed); or(C) this chapter; or(2) the offense results in serious bodily injury to another person.(c) The offense is a Level 5 felony if the offense results in the death or catastrophic injury of another person.(d) It is a defense to a prosecution 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 35-48-1-24) who acted in the course of the practitioner's professional practice.As added by P.L.40-2012, SEC.21. e in accordance with a valid prescription or order of a practitioner (as defined in IC 35-48-1-24) who acted in the course of the practitioner's professional practice.As added by P.L.40-2012, SEC.21. Amended by P.L.168-2014, SEC.87; P.L.26-2016, SEC.3; P.L.85-2017, SEC.118; P.L.63-2018, SEC.4; P.L.184-2019, SEC.14.
Indiana Legal Code