§ 7.1-5-1-6 — Intoxication upon common carrier prohibited; failure to enforce by a law enforcement officer

(a) Subject to section 6.5 of this chapter, it is a
Class C infraction for a person to be, or to become, intoxicated as a
result of the person's use of alcohol or a controlled substance (as
defined in IC 35-48-1.1-7) in or upon a vehicle commonly used for the
public transportation of passengers, or in or upon a common carrier, or
in or about a depot, station, airport, ticket office, waiting room or
platform, if the person:
(1) endangers the person's life;
(2) endangers the life of another person;
(3) breaches the peace or is in imminent danger of breaching the
peace; or
(4) harasses, annoys, or alarms another person.
However, the violation is a Class B misdemeanor if the violation is
committed knowingly or intentionally and the person has a prior
unrelated adjudication or conviction for a violation of this section
within the previous five (5) years.
(b) A person may not initiate or maintain an action against a law
enforcement officer based on the officer's failure to enforce this
section.
[Pre-1973 Recodification Citation: 7-1-1-32(16).]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1978,
P.L.2, SEC.703; P.L.213-2001, SEC.3; P.L.93-2012, SEC.3;
P.L.117-2012, SEC.2; P.L.32-2019, SEC.13; P.L.186-2025,
SEC.76.