Table of Contents

It's the Law

Alcohol and Drugs


IC 14-15-8-1
“Chemical test” defined

Sec. 1. As used in this chapter, “chemical test” means an analysis of an individual’s:

  1. blood;
  2. breath;
  3. urine; or
  4. other bodily substance;

for the determination of the presence of alcohol or a controlled substance.

 

As added by P.L.1-1995, SEC.8.

 


IC 14-15-8-2/IC 35-48-1-9
“Controlled substance” defined

Sec. 9. “Controlled substance” means a drug, substance, or immediate precursor in schedule I, II, III, IV, or V under:

  1. IC 35-48-2-4, IC 35-48-2-6, IC 35-48-2-8, IC 35-48-2-10, or IC 35-48-2-12, if IC 35-48-2-14 does not apply;
    or
  2. a rule adopted by the board, if IC 35-48-2-14 applies.

As added by P.L.5-1988, SEC.189.

 


IC 35-48-1-9.3
“Controlled substance analog” defined

Sec. 9.3. (a) “Controlled substance analog” means a substance:

  1. the chemical structure of which is substantially similar to that of a controlled substance included in schedule I or II and that has; or
  2. that a person represents or intends to have; a narcotic, stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to or greater than the narcotic, stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in schedule I or II.

(b) The definition set forth in subsection (a) does not include:

  1. a controlled substance;
  2. a substance for which there is an approved new drug application;
  3. (3) a substance for which an exemption is in effect for investigational use by a person under Section 505 of the federal Food, Drug and Cosmetic Act (chapter 675, 52 Stat. 1052 (21 U.S.C. 355)), to the extent that conduct with respect to the substance is permitted under the exemption; or
  4. a substance to the extent not intended for human consumption before an exemption takes effect regarding the substance.

As added by P.L.225-2003, SEC.1.

 


IC 14-15-8-3
“Intoxicated” defined

Sec. 3. As used in this chapter, “intoxicated” means under the influence of:

  1. alcohol;
  2. a controlled substance;
  3. any drug (as defined in IC 9-13-2-49.1) other than alcohol or a controlled substance; or
  4. any combination of alcohol, controlled substances, or drugs;

so that there is an impaired condition of thought and action and the loss of normal control of an individual’s faculties.

 

As added by P.L.1-1995, SEC.8. Amended by P.L.33-1997, SEC.16; P.L.69-2009, SEC.4.

 


IC 14-15-8-4
“Law enforcement officer” defined

Sec. 4. As used in this chapter, “law enforcement officer” has the meaning set forth in IC 35-41-1. The term includes conservation officers employed by the department.

 

As added by P.L.1-1995, SEC.8.

 


IC 14-15-8-5
“Prima facie evidence of intoxication” defined

Sec. 5. As used in this chapter, “prima facie evidence of intoxication” includes evidence that at the time of an alleged violation there was an alcohol concentration equivalent (as defined in IC 9-13-2-2.4) to at least eight-hundredths (0.08) 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.

As added by P.L.1-1995, SEC.8. Amended by P.L.33-1997, SEC.17; P.L.1-2000, SEC.15; P.L.175-2001, SEC.14.

 


IC 14-15-8-6
“Relevant evidence” defined

Sec. 6. As used in this chapter, “relevant evidence” includes evidence that at the time of the alleged violation there was an alcohol concentration equivalent (as defined in IC 9-13-2-2.4) to at least five-hundredths (0.05) gram and less than eight-hundredths (0.08) 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.

As added by P.L.1-1995, SEC.8. Amended by P.L.33-1997, SEC.18; P.L.1-2000, SEC.16; P.L.175-2001, SEC.15.

 


IC 14-15-8-7/ IC 35-41-1-25
“Serious bodily injury” defined

Sec. 25. “Serious bodily injury” means bodily injury that creates a substantial risk of death or that causes:

  1. serious permanent disfigurement;
  2. unconsciousness;
  3. extreme pain;
  4. permanent or protracted loss or impairment of the function of a bodily member or organ; or
  5. loss of a fetus.

As added by P.L.311-1983, SEC.26. Amended by P.L.261-1997, SEC.1.

 


IC 14-15-8-8
Operation of motorboat while intoxicated

Sec. 8. (a) Except as provided in subsections (b) and (c), a person who operates a motorboat:

  1. with an alcohol concentration equivalent (as defined in IC 9-13-2-2.4) to at least eight-hundredths (0.08) 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; or
  2. while intoxicated;

commits a Class C misdemeanor.

 

(b) The offense is a Class D felony if:

  1. the person has a previous conviction under:
    1. IC 14-1-5 (repealed); or
    2. this chapter; or
  2. the offense results in serious bodily injury to another person.

(c) The offense is a Class C felony if the offense results in the death of another person.

 

As added by P.L.1-1995, SEC.8. Amended by P.L.33-1997, SEC.19; P.L.1-2000, SEC.17; P.L.175-2001, SEC.16.

 


IC 14-15-8-9
Operation of motorboat in violation of order

Sec. 9. A person who operates a motorboat after the person has been ordered not to operate a motorboat under:

  1. IC 14-1-5 (repealed); or
  2. this chapter;

commits a Class A misdemeanor.

 

As added by P.L.1-1995, SEC.8.

 


IC 14-15-8-10
Orders not to operate motorboat

Sec. 10. (a) In addition to any criminal penalties imposed for a misdemeanor under this chapter, the court shall order the person to not operate a motorboat for at least one (1) year.

 

(b) In addition to any criminal penalty imposed for a felony under this chapter, the court shall order the person to not operate a motorboat for at least two (2) years.

 

As added by P.L.1-1995, SEC.8.

 


IC 14-15-8-11
Implied consent to chemical test

Sec. 11. A person who operates a motorboat in water over which Indiana has jurisdiction impliedly consents to submit to the chemical test provisions of this chapter as a condition of operating a motorboat in Indiana. If a person refuses to submit to a chemical test under this chapter, the court shall order the person to not operate a motorboat for at least one (1) year.

 

As added by P.L.1-1995, SEC.8.

 


IC 14-15-8-12
Offer of chemical test

Sec. 12. (a) A law enforcement officer who has probable cause to believe that a person has committed an offense under this chapter shall offer the person the opportunity to submit to a chemical test. It is not necessary for the law enforcement officer to offer a chemical test to an unconscious person.

 

(b) A law enforcement officer may offer a person more than one (1) chemical test under this chapter. However, all tests must be administered within three (3) hours after the officer had probable cause to believe the person violated this chapter.

 

(c) A person must submit to each chemical test offered by a law enforcement officer to comply with the implied consent provisions of this chapter.

 

As added by P.L.1-1995, SEC.8.

 


IC 14-15-8-13
Arrests; refusal to submit to chemical test

Sec. 13. (a) If a chemical test results in relevant evidence that the person is intoxicated, the person may be arrested for an offense under this chapter.

 

(b) If a chemical test results in prima facie evidence that the person is intoxicated, the person shall be arrested for an offense under this chapter.

 

(c) A person who refuses to submit to a chemical test may be arrested for an offense under this chapter.

 

(d) At a proceeding under this chapter, a person’s refusal to submit to a chemical test is admissible into evidence.

 

As added by P.L.1-1995, SEC.8.

 


IC 14-15-8-14
Applicability of IC 9-30-6-5 and IC 9-30-6-6

Sec. 14. (a) The provisions of IC 9-30-6-5 concerning the certification and use of chemical breath tests apply to the use of chemical breath tests in a prosecution under this chapter.

 

(b) IC 9-30-6-6 applies to chemical tests performed under this chapter.

 

As added by P.L.1-1995, SEC.8.

 


IC 14-15-8-15
Information provided upon refusal to submit to chemical test

Sec. 15. If a person refuses to submit to a chemical test under this chapter, the law enforcement officer shall inform the person that the person’s refusal will result in the suspension of the person’s motorboat operation privileges.

 

As added by P.L.1-1995, SEC.8.

 


IC 14-15-8-16
Prosecuting attorney to represent state

Sec. 16. The prosecuting attorney of the county in which an alleged violation of this chapter occurs shall represent the state in a proceeding under this chapter.

 

As added by P.L.1-1995, SEC.8.

 


IC 14-15-8-17
Admissibility of evidence; chemical tests

Sec. 17. (a) At a proceeding concerning an offense under this chapter, evidence of the alcohol concentration that was in the blood of the person charged with the offense;

  1. at the time of the alleged violation; or
  2. within the time allowed for testing under section 12 of this chapter;

as shown by an analysis of the person’s breath, blood, urine, or other bodily substance is admissible.

 

(b) If, in a prosecution for an offense under this chapter, evidence establishes that:

  1. a chemical test was performed on a test sample taken from the person charged with the offense within the period of time allowed for testing under section 12 of this chapter; and
  2. the person charged with the offense had an alcohol concentration equivalent to at least eight-hundredths (0.08) 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;

the trier of fact shall presume that the person charged with the offense had an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol per one hundred (100) milliliters of the person’s blood or per two hundred ten (210) liters of the person’s breath at the time the person operated the motorboat. However, this presumption is rebuttable.

 

As added by P.L.1-1995, SEC.8. Amended by P.L.33-1997, SEC.20; P.L.69-2009, SEC.5.

 


IC 9-30-5-10
Suspension of driving privileges; probationary driving privileges

Sec. 10. (a) In addition to a criminal penalty imposed for an offense under this chapter or IC 14-15-8, the court shall, after reviewing the person’s bureau driving record and other relevant evidence, recommend the suspension of the person’s driving privileges for the fixed period of time specified under this section. The court may require that a period of suspension recommended under this section be imposed, if applicable, before a period of incarceration or after a period of incarceration, or both before and after a period of incarceration, as long as the suspension otherwise complies with the periods established in this section.

 

(b) If the court finds that the person:

  1. does not have a previous conviction of operating a vehicle or a motorboat while intoxicated; or
  2. has a previous conviction of operating a vehicle or a motorboat while intoxicated that occurred at least ten (10) years before the conviction under consideration by the court;

the court shall recommend the suspension of the person’s driving privileges for at least ninety (90) days but not more than two (2) years.

 

(c) If the court finds that the person has a previous conviction of operating a vehicle or a motorboat while intoxicated and the previous conviction occurred more than five (5) years but less than ten (10) years before the conviction under consideration by the court, the court shall recommend the suspension of the person’s driving privileges for at least one hundred eighty (180) days but not more than two (2) years. The court may stay the execution of that part of the suspension that exceeds the minimum period of suspension and grant the person probationary driving privileges for a period of time equal to the length of the stay.

 

(d) If the court finds that the person has a previous conviction of operating a vehicle or a motorboat while intoxicated and the previous conviction occurred less than five (5) years before the conviction under consideration by the court, the court shall recommend the suspension of the person’s driving privileges for at least one (1) year but not more than two (2) years. The court may stay the execution of that part of the suspension that exceeds the minimum period of suspension and grant the person probationary driving privileges for a period of time equal to the length of the stay. If the court grants probationary driving privileges under this subsection, the court shall order that the probationary driving privileges include the requirement that the person may not operate a motor vehicle unless the motor vehicle is equipped with a functioning certified ignition interlock device under IC 9-30-8. However, the court may grant probationary driving privileges under this subsection without requiring the installation of an ignition interlock device if the person is successfully participating in a court supervised alcohol treatment program in which the person is taking disulfiram or a similar substance that the court determines is effective in treating alcohol abuse. The person granted probationary driving privileges under this subsection shall pay all costs associated with the installation of an ignition interlock device unless the sentencing court determines that the person is indigent.

 

(e) If the conviction under consideration by the court is for an offense under:

  1. section 4 of this chapter;
  2. section 5 of this chapter;
  3. IC 14-15-8-8(b); or
  4. IC 14-15-8-8(c);

the court shall recommend the suspension of the person’s driving privileges for at least two (2) years but not more than five (5) years.

 

(f) If the conviction under consideration by the court is for an offense involving the use of a controlled substance listed in schedule I, II, III, IV, or V of IC 35-48-2, in which a vehicle was used in the offense, the court shall recommend the suspension or revocation of the person’s driving privileges for at least six (6) months.

 

As added by P.L.2-1991, SEC.18. Amended by P.L.131-1993, SEC.2; P.L.64-1994, SEC.3; P.L.57-1995, SEC.3; P.L.76-2004, SEC.6; P.L.94-2006, SEC.5; P.L.172-2006, SEC.1; P.L.126-2008, SEC.10.

 


It is illegal to operate a motorboat or a personal watercraft while intoxicated due to alcohol or any combination of alcohol, controlled substance, or drugs. Alcohol and drugs cause impaired balance, blurred vision, poor coordination, impaired judgment, and slower reaction time.

It is unlawful for owners of motorboats or PWCs to operate or allow anyone else to operate their motorboat or PWC while that person is intoxicated.

  • Indiana law defines intoxication as having a blood alcohol level of 0.08% or greater, or being under the influence of alcohol and/or drugs such that a person’s thoughts and actions are impaired and he or she has a loss of normal control of faculties to such an extent as to cause danger to others.
  • You also may be arrested if your blood alcohol level is less than 0.08% but over 0.05%.

Indiana law establishes the following penalties.

  • If arrested and convicted of boating while intoxicated, you will face the penalties of a Class C misdemeanor. In addition, if this is your first offense or the first in 10 years, you may lose all your driving privileges (motorboat and motor vehicle) for at least 90 days and up to two years.
  • For a second conviction within five years, you may be fined, jailed, and lose the privilege to operate a vehicle, motorboat, or PWC for one to two years. More severe penalties exist for additional convictions.
  • A person boating while intoxicated who causes the death or serious injury of another person will, upon conviction, be guilty of a felony.

By operating a motorboat or PWC on Indiana waters, you have consented to be tested for alcohol or drugs if requested by a law enforcement official. If you refuse to be tested, you will be subject to arrest and punishment consistent with the penalties described on the previous page and lose your privilege to operate a motorboat or PWC for at least one year.

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