When Impaired Driving Is a Felony
IC 9-30-5-3 — a prior within seven years makes it a Level 6 felony
| Impaired driving where | Level |
|---|---|
| Impaired driving whereA previous conviction of operating while intoxicated was within the seven years before | LevelLevel 6 felony |
| Impaired driving whereA previous conviction was for causing serious bodily injury, or death or catastrophic injury | LevelLevel 5 felony |
| Impaired driving whereIt causes serious bodily injury to another person | LevelLevel 5 felony |
| Impaired driving whereIt causes serious bodily injury, with a previous conviction within the five years before | LevelLevel 4 felony |
| Impaired driving whereIt causes the death or catastrophic injury of another person | LevelLevel 4 felony |
Who handles this in Indiana: legal aid programs and the state offices, listed in the Indiana directory.
Each person seriously hurt, killed or catastrophically injured is a separate offense. A valid prescription is a defense where the charge rests on a controlled substance in the blood.
- On a conviction causing serious bodily injury, or a second impaired driving conviction, the court suspends driving privileges for at least one year, and specialized privileges remain available.
- On a conviction causing a death, the suspension is at least two years and up to the maximum prison term for the offense, and specialized privileges are not available.
Sources for this section (4)
- IC 9-30-5-3 — Penalties; prior offenses; passenger less than 18 years of age
- IC 9-30-5-4 — Classification of offense; serious bodily injury
- IC 9-30-5-5 — Penalties; death or catastrophic injury; death of a law enforcement animal
- IC 9-30-16-2 — Offenses involving serious bodily injury of another person and operation of a motor vehicle; offenses involving death of another person and operation of a motor vehicle; suspension of driving privileges
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Indiana attorney.