Indiana § 9-30-15-4 - Consumption of alcohol while operating a motor vehicle; Class B infraction

§ 9-30-15-4. Consumption of alcohol while operating a motor vehicle; Class B infraction

Sec. 4. The operator of a motor vehicle who knowingly consumes an alcoholic beverage while the motor vehicle is being operated upon a public highway commits a Class B infraction.

As added by P.L.53-1994, SEC.11.

IC 9-30-15.5Chapter 15.5. Habitual Vehicular Substance Offender

9-30-15.5-1"Vehicular substance offense" 9-30-15.5-2Prior vehicular substance offense convictions

IC 9-30-15.5-1"Vehicular substance offense" Sec. 1. As used in this chapter, "vehicular substance offense" means any misdemeanor or felony in which operation of a vehicle while intoxicated, operation of a vehicle in excess of the statutory limit for alcohol, or operation of a vehicle with a controlled substance or its metabolite in the person's body, is a material element. The term includes an offense under IC 9-30-5, IC 9-24-6-15 (before its repeal), IC 9-24-6.1-7, and IC 9-11-2 (before its repeal).

As added by P.L.217-2014, SEC.153. Amended by P.L.188-2015, SEC.120; P.L.198-2016, SEC.606.

IC 9-30-15.5-2Prior vehicular substance offense convictions Sec. 2. (a) The state may seek to have a person sentenced as a habitual vehicular substance offender for any vehicular substance offense by alleging, on a page separate from the rest of the charging instrument, that the person has accumulated two (2) or three (3) prior unrelated vehicular substance offense convictions. If the state alleges only two (2) prior unrelated vehicular substance offense convictions, the allegation must include that at least one (1) of the prior unrelated vehicular substance offense convictions occurred within the ten (10) years before the date of the current offense.

(b) For purposes of subsection (a), a person has accumulated two (2) or three (3) prior unrelated vehicular substance offense convictions only if:

(1) the second prior unrelated vehicular substance offense conviction was committed after commission of and sentencing for the first prior unrelated vehicular substance offense conviction;

(2) the offense for which the state seeks to have the person sentenced as a habitual vehicular substance offender was committed after commission of and sentencing for the second prior unrelated vehicular substance offense conviction; and

(3) for a conviction requiring proof of three (3) prior unrelated vehicular substance offense felonies, the third prior unrelated vehicular substance offense conviction was committed after commission of and sentencing for the second prior unrelated vehicular substance offense conviction.

However, a conviction does not count for purposes of subsection (a) if it has been set aside or it is a conviction for which the person has been pardoned.

(c) A person is a habitual vehicular substance offender if the jury (if the hearing is by jury) or the court (if the hearing is to the court alone) finds that the state has proved beyond a reasonable doubt that the person has accumulated three (3) or more prior unrelated vehicular substance offense convictions at any time, or two (2) prior unrelated vehicular substance offense convictions, with at least one (1) of the prior unrelated vehicular substance offense convictions occurring within ten (10) years of the date of the occurrence of the current offense.

(d) The court shall sentence a person found to be a habitual vehicular substance offender to an additional fixed term of at least one (1) year but not more than eight (8) years of imprisonment, to be added to the term of imprisonment imposed under IC 35-50-2 or IC 35-50-3.

(e) Charges filed under this section must be filed in a circuit court or superior court.

As added by P.L.217-2014, SEC.153. Amended by P.L.188-2015, SEC.121.

IC 9-30-16Chapter 16. Driver's License Suspension Penalties

9-30-16-1Applicability; suspension of driving privileges 9-30-16-2Offenses 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 9-30-16-3Stay of suspension; specialized driving privileges; operation of vehicle requiring commercial driver's license prohibited 9-30-16-3.5Temporary or worksite speed limit violations; specialized driving privileges; expiration and termination of specialized driving privileges 9-30-16-4Petition for specialized driving privileges 9-30-16-4.5Lifting of suspension of registration as condition of specialized driving privileges 9-30-16-5Violation of condition; modification or revocation of specialized driving privileges 9-30-16-6Credit time while driving privileges are suspended; consecutive suspensions 9-30-16-6.5Termination of suspension if dismissal, acquittal, or reversal 9-30-16-7Specialized driving privileges charge