5 of this chapter, it is a Class C infraction for a person to be, or to become, intoxicated as a result of the person's use of alcohol or a controlled substance (as defined in IC 35-48-1-9) in or upon a vehicle commonly used for the public transportation of passengers, or in or upon a common carrier, or in or about a depot, station, airport, ticket office, waiting room or platform, if the person:(1) endangers the person's life;(2) endangers the life of another person;(3) breaches the peace or is in imminent danger of breaching the peace; or(4) harasses, annoys, or alarms another person.However, the violation is a Class B misdemeanor if the violation is committed knowingly or intentionally and the person has a prior unrelated adjudication or conviction for a violation of this section within the previous five (5) years.(b) A person may not initiate or maintain an action against a law enforcement officer based on the officer's failure to enforce this section.[Pre-1973 Recodification Citation: 7-1-1-32(16).]Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1978, P.L.2, SEC.703; P.L.213-2001, SEC.3; P.L.93-2012, SEC.3; P.L.117-2012, SEC.2; his section.[Pre-1973 Recodification Citation: 7-1-1-32(16).]Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1978, P.L.2, SEC.703; P.L.213-2001, SEC.3; P.L.93-2012, SEC.3; P.L.117-2012, SEC.2; P.L.32-2019, SEC.13.
Indiana Legal Code