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Indiana Code 9-30-5-4 Operating a Vehicle While Intoxicated Causing Serious Bodily Injury
A person who causes serious bodily injury to another person when operating a vehicle with an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol per one hundred (100) milliliters of the person's blood or two hundred ten (210) liters of the person's breath; with a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person's blood; or 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.