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A Class D Felony: Operating a motor vehicle while intoxicated causing serious bodily injury , section: IC 9-30-5-4

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Substantive DUI/Excess Alcohol Offense, Operating While Intoxicated Causing Serious Bodily Injury

IC 9-30-5-4 Classification of offense; serious bodily injury Sec. 4. (a) A person who causes serious bodily injury to another person when operating a motor vehicle: (1) with an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol per: (A) one hundred (100) milliliters of the person's blood; or (B) two hundred ten (210) liters of the person's breath; (2) with a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person's body; or (3) while intoxicated; commits a Class D felony. However, the offense is a Class C felony if the person has a previous conviction of operating while intoxicated within the five (5) years preceding the commission of the offense. (b) A person who violates subsection (a) commits a separate offense for each person whose serious bodily injury is caused by the violation of subsection (a). (c) It is a defense under subsection (a)(2) 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.

Comments : This statute makes Operating While Intoxicated, or Operating with a Breath or Blood Alcohol Concentration greater than .08 a Class D felony if a Serious Bodily Injury results.

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