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- Sec. 1. (a) A person who operates a vehicle with an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol but less than fifteen-hundredths (0.15) 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;
- commits a Class C misdemeanor.
- (b) A person who operates a vehicle with an alcohol concentration equivalent to at least fifteen-hundredths (0.15) 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;
- commits a Class A misdemeanor.
- (c) A person who operates a vehicle with a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person’s body commits a Class C misdemeanor.
(d) It is a defense to subsection (c) 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) who acted in the course of the practitioner’s professional practice.