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A Class A/C misdemeanor: Operating a Motor Vehicle; Alcohol Concentration more than .08 alcohol content or with controlled substance in blood; Operating at ACE of .15 or greater , section: IC 9-30-5-1

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Substantive DUI/Excess Alcohol Offense, Operating While Intoxicated-Per Se

IC 9-30-5-1 Sec. 1. (a) A person who operates a vehicle with an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol but less than fifteen-hundredths (0.15) gram of alcohol per: (1) one hundred (100) milliliters of the person's blood; or (2) two hundred ten (210) liters of the person's breath; commits a Class C misdemeanor. (b) A person who operates a vehicle with an alcohol concentration equivalent to at least fifteen-hundredths (0.15) gram of alcohol per: (1) one hundred (100) milliliters of the person's blood; or (2) two hundred ten (210) liters of the person's breath; commits a Class A misdemeanor. (c) A person who operates a vehicle with a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person's body commits a Class C misdemeanor. (d) It is a defense to subsection (c) that the accused person consumed the controlled substance under a valid prescription or order of a practitioner (as defined in IC 35-48-1) who acted in the course of the practitioner's professional practice. As added by P.L.2-1991, SEC.18. Amended by P.L.33-1997, SEC.7; P.L.266-1999, SEC.2; P.L.1-2000, SEC.6; P.L.1-2000, SEC.7; P.L.175-2001, SEC.5.

Comments : This section makes it a Class C misdemeanor to operate a vehicle with greater than .08 grams alcohol concentration, and a Class A misdemeanor to operate with greater than .15 grams alcohol concentration, or with any amount of controlled substance in the blood.

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