Welcome and thank you
for your question!
I am sorry to learn of your experience. Indiana law provides:IC 9-30-5-3 Class D felony; previous convictions; passenger less than 18 years of age
Sec. 3. (a) Except as provided in subsection (b), a person who violates section 1 or 2 of this chapter commits a Class D felony if:
(1) the person has a previous conviction of operating while intoxicated that occurred within the five (5) 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) of this section, commits a Class C felony if:
(1) the person has a previous conviction of operating while intoxicated causing death (
IC 9-30-5-5); or
(2) the person has a previous conviction of operating while intoxicated causing serious bodily injury (
The only thing that is relevant is Indiana law. What would have happened in Ohio is not relevant but your most recent event occurred in Indiana.
What does Indiana law require? "
the person has a previous conviction of operating while intoxicated that occurred within the five (5) years immediately preceding
the occurrence of the violation of section 1 or 2 of this chapter."
Legally, you have two prior intoxicated convictions involving motor vehicles. This is why Indiana is charging with the Class D Felony.
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