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When Impaired Driving Is a Felony

IC 9-30-5-3 — a prior within seven years makes it a Level 6 felony

Impaired driving whereLevel
Impaired driving whereA previous conviction of operating while intoxicated was within the seven years beforeLevelLevel 6 felony
Impaired driving whereA previous conviction was for causing serious bodily injury, or death or catastrophic injuryLevelLevel 5 felony
Impaired driving whereIt causes serious bodily injury to another personLevelLevel 5 felony
Impaired driving whereIt causes serious bodily injury, with a previous conviction within the five years beforeLevelLevel 4 felony
Impaired driving whereIt causes the death or catastrophic injury of another personLevelLevel 4 felony
  • IC 9-30-5-3
  • IC 9-30-5-4
  • IC 9-30-5-5
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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.

  • IC 9-30-5-4
  • IC 9-30-5-5
  • 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.
  • IC 9-30-16-2
Sources for this section (4)
  1. IC 9-30-5-3 — Penalties; prior offenses; passenger less than 18 years of age
  2. IC 9-30-5-4 — Classification of offense; serious bodily injury
  3. IC 9-30-5-5 — Penalties; death or catastrophic injury; death of a law enforcement animal
  4. 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.

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