1. (a) Except as provided in subsection (b), a person who violates section 1 or 2 of this chapter commits a Level 6 felony if:

   1. (1) the person has a previous conviction of operating while intoxicated that occurred within the five (5) years immediately preceding the occurrence of the violation of section 1 or 2 of this chapter; or

   2. (2) the person:

      1. (A) is at least twenty-one (21) years of age;
      2. (B) violates section 1(b) or 2(b) of this chapter; and
      3. (C) operated a vehicle in which at least one (1) passenger was less than eighteen (18) years of age.

2. (b) A person who violates section 1 or 2 of this chapter or subsection (a)(2) commits a Level 5 felony if:

   1. (1) the person has a previous conviction of operating while intoxicated causing death ( IC 9-30-5-5 ); or

   2. (2) the person has a previous conviction of operating while intoxicated causing serious bodily injury ( IC 9-30-5-4 ).

      [Pre-1991 Recodification Citation: 9-11-2-3.]

As added by P.L.2-1991, SEC.18. Amended by P.L.175-2001, SEC.7, P.L.243-2001, SEC.1 and P.L.291-2001, SEC.222; P.L.82-2004, SEC.1; P.L.126-2008, SEC.9; P.L.158-2013, SEC.159.