1. (a) A person who causes serious bodily injury to another person when operating a vehicle:

   1. (1) with an alcohol concentration equivalent 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) with a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person's blood; or

   3. (3) while intoxicated;

      commits a Level 5 felony. However, the offense is a Level 4 felony if the person has a previous conviction of operating while intoxicated within the five (5) years preceding the commission of the offense.

2. (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).

3. (c) It is a defense 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 ) who acted in the course of the practitioner's professional practice.

   [Pre-1991 Recodification Citation: 9-11-2-4.]

As added by P.L.2-1991, SEC.18. Amended by P.L.53-1994, SEC.5; P.L.97-1996, SEC.3; P.L.96-1996, SEC.3; P.L.33-1997, SEC.8; P.L.1-2000, SEC.8; P.L.175-2001, SEC.8; P.L.76-2004, SEC.3; P.L.125-2012, SEC.335; P.L.158-2013, SEC.160; P.L.63-2018, SEC.2; P.L.184-2019, SEC.5; P.L.186-2025, SEC.86.