I. MISDEMEANOR OWI

1. Three (3) “Per Se” Offenses

a. Class “C” Misdemeanor “Per Se” 

The first of the three (3) “Per Se” type misdemeanor offenses is concerned with the amount of alcohol in a person’s breath or blood. IC 9-30-5-1(a) prohibits the operation of a vehicle with at least .08 but less than .15 grams of alcohol by weight in your blood or breath. This offense is charged as Class “C” Misdemeanor. A Class “C” Misdemeanor is punishable by a maximum term of imprisonment of sixty (60) days, a fine of up to Five Hundred Dollars ($500), or both. IC 35-50-3-4.

b. Class “A” Misdemeanor “Per Se”

The second “Per Se” offense relates to the amount of alcohol a person has consumed. IC 9-30-5-1(b) prohibits the operation of a vehicle with .15 or above grams of alcohol by weight in a person's blood or breath. This offense is charged as a Class “A” Misdemeanor. A Class “A” Misdemeanor is punishable by a maximum term of imprisonment of three hundred sixty-five (365) days, a fine of up to Five Hundred Dollars ($500), or both. IC 35-50-3-4.

c. Controlled Substances Class "C" Misdemeanor "Per Se"

The last of the “Per Se” type misdemeanor offenses involves the presence of controlled substances or their metabolites in a person’s body. IC 9-30-5-1(c) prohibits the operation of a vehicle with any amount of certain controlled substances or metabolites in the body. Under IC 9- 30-5-1, it is a defense to this offense that the accused person consumed the controlled substance in accordance with a valid prescription. This offense is charged as Class “C” Misdemeanor. A Class “C” Misdemeanor is punishable by a maximum term of imprisonment of sixty (60) days, a fine of up to Five Hundred Dollars ($500), or both. IC 35-50-3-4.

2. Two (2) Operating While “Intoxicated” Offenses 

a. Class “C” Misdemeanor “Intoxicated” 

The second statute, IC 9-30-5-2, prohibits the operation of a vehicle while intoxicated. "Intoxicated" is defined as under the influence of alcohol, a controlled substance, a drug other than alcohol or a controlled substance, or a combination of these, so that there is an impaired condition of thought and action and the loss of normal control of your faculties. IC 9-13-2-86. A person who operates a vehicle while “Intoxicated” commits a Class “C” Misdemeanor. IC 9-30-5-2(a).