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- Sec. 3. (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) the person has a previous conviction of operating while intoxicated that occurred within the seven (7) years immediately preceding the occurrence of the violation of section 1 or 2 of this chapter; or
- (2) the person:
- (A) is at least twenty-one (21) years of age;
- (B) violates section 1(b) or 2(b) of this chapter; and
- (C) operated a vehicle in which at least one (1) passenger was less than eighteen (18) years of age.
- (b) A person who violates section 1 or 2 of this chapter or subsection (a)(2) commits a Level 5 felony if:
- (1) the person has a previous conviction of operating while intoxicated causing death or catastrophic injury (IC 9-30-5-5); or
- (2) the person has a previous conviction of operating while intoxicated causing serious bodily injury (IC 9-30-5-4).
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