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Driving Impaired with a Child in the Car

IC 9-30-5-3 — a driver 21 or older with a passenger under 18 commits a Level 6 felony

A driver at least twenty-one years old who drives at 0.15 or more, with a schedule I or II controlled substance in the blood, or intoxicated in a manner that endangers a person, with at least one passenger less than eighteen, commits a Level 6 felony.

  • IC 9-30-5-3
  • IC 9-30-5-1
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Who handles this in Indiana: legal aid programs and the state offices, listed in the Indiana directory.

It is a Level 5 felony where the driver has a previous conviction of operating while intoxicated causing serious bodily injury, or causing death or catastrophic injury.

  • IC 9-30-5-3
Sources for this section (2)
  1. IC 9-30-5-3 — Penalties; prior offenses; passenger less than 18 years of age
  2. IC 9-30-5-1 — Class C misdemeanor; defense

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Indiana attorney.

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