1. A. Any person who is involved in a personal injury accident while driving or operating a motor vehicle within this state and who is in violation of the provisions of subsection A of Section 11-902 of this title may be charged with a violation of the provisions of this subsection as follows:

   1. 1. Any person who is convicted of a violation of the provisions of this subsection shall be deemed guilty of a misdemeanor for the first offense and shall be punished by imprisonment in the county jail for not less than ninety (90) days nor more than one (1) year, and a fine of not more than Two Thousand Five Hundred Dollars ($2,500.00); and
   2. 2. Any person who is convicted of a violation of the provisions of this subsection after having been previously convicted of a violation of this subsection or of Section 11-902 of this title shall be deemed guilty of a Class B5 felony offense and shall be punished by imprisonment in the custody of the Department of Corrections for not less than one (1) year and not more than five (5) years, and a fine of not more than Five Thousand Dollars ($5,000.00).

2. B.

   1. 1. Any person who causes an accident resulting in great bodily injury to any person other than himself while driving or operating a motor vehicle within this state and who is in violation of the provisions of subsection A of Section 11-902 of this title may be charged with a violation of the provisions of this subsection. Any person who is convicted of a violation of the provisions of this subsection shall be deemed guilty of a Class B1 felony offense punishable by imprisonment in the custody of the Department of Corrections for not less than four (4) years and not more than twenty (20) years, and a fine of not more than Five Thousand Dollars ($5,000.00).
   2. 2. As used in this subsection, "great bodily injury" means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

Laws 1983, SB 186, c. 43, § 1, emerg. eff. April 21, 1983; Amended by Laws 1984, HB 1438, c. 30, § 1, eff. November 1, 1984; Amended by Laws 1985, HB 1368, c. 112, § 11, eff. November 1, 1985; Amended by Laws 1989, HB 1199, c. 316, § 1, eff. November 1, 1989; Amended by Laws 1997, HB 1213, c. 133, § 482 (effective date changed to July 1, 1999, by Laws 1998, 1st Extr. Sess., HB 1002, c. 2, §§ 23-26, emerg. eff. June 19, 1998) (superseded document available); Amended by Laws 1999, 1st Extr. Sess., HB 1009, c. 5, § 348, emerg. eff. July 1, 1999 (superseded document available); Amended by Laws 2004, HB 2445, c. 275, § 13, emerg. eff. July 1, 2004 (superseded document available); Amended by Laws 2012, HB 2568, c. 157, § 1, eff. November 1, 2012 (superseded document available); Amended by Laws 2016, HB 2555, c. 196, § 2, eff. November 1, 2016 (superseded document available); Amended by Laws 2025, HB 2104, c. 486, § 65, eff. January 1, 2026 (superseded document available).