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

   1. (1) having 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. (A) one hundred (100) milliliters of the person's blood; or
      2. (B) two hundred ten (210) liters of the person's breath;
   2. (2) having a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person's body; or

   3. (3) intoxicated;

      commits a Class C misdemeanor.

2. (b) The offense is a Level 6 felony if:

   1. (1) the person has a previous conviction under:

      1. (A) IC 14-1-5 (repealed);
      2. (B) IC 14-15-8-8 (repealed); or
      3. (C) this chapter; or
   2. (2) the offense results in serious bodily injury to another person.
3. (c) The offense is a Level 5 felony if the offense results in the death or catastrophic injury of another person.
4. (d) It is a defense to a prosecution under subsection (a)(2) that the accused person consumed the controlled substance in accordance with a valid prescription or order of a practitioner (as defined in IC 35-48-1.1-34 ) who acted in the course of the practitioner's professional practice.

As added by P.L.40-2012, SEC.21. Amended by P.L.168-2014, SEC.87; P.L.26-2016, SEC.3; P.L.85-2017, SEC.118; P.L.63-2018, SEC.4; P.L.184-2019, SEC.14; P.L.186-2025, SEC.244.