Indiana
Indiana Reckless Driving Laws: Penalties, Points and Speed (2026)
Independently fact-checked against primary sources (last audited October 25, 2026). · 20 primary sources cited on this page. How we verify our legal content

Indiana makes reckless driving a crime under IC 9-21-8-52: recklessly driving at an unreasonably high or low speed that endangers others or blocks traffic, passing on an obstructed slope or curve, weaving through traffic, or refusing to give half the road to a passing driver is a Class C misdemeanor. The grade rises to a Class B misdemeanor when the offense damages another person's property and to a Class A misdemeanor when it causes bodily injury. Indiana sets no speed at which driving is reckless by itself, has no careless driving offense, and scores reckless driving at 6 BMV points, or 8 or 10 when the court record shows property damage or bodily injury.
Information last verified on 2026-10-25. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers Indiana state law on reckless driving (IC 9-21-8-52) and the related reckless-operation, aggressive-driving and worksite offenses in IC 9-21-8, speed contests (IC 9-21-6), the BMV point system (140 IAC 1-4.5), license suspension and habitual-violator rules, and driving without a valid license. It does not cover OWI penalties (see Indiana DUI and OWI laws), homicide offenses (see Indiana manslaughter laws), leaving the scene of a crash (see Indiana hit-and-run laws), city or county ordinances, or commercial-driver rules beyond a short note. For other states, see reckless driving laws by state.
What is reckless driving in Indiana?
Indiana does not define reckless driving with a general "wilful or wanton" clause. Instead, IC 9-21-8-52(a) lists four specific acts that are reckless driving when done recklessly:
"A person who operates a vehicle and who recklessly: (1) drives at such an unreasonably high rate of speed or at such an unreasonably low rate of speed under the circumstances as to: (A) endanger the safety or the property of others; or (B) block the proper flow of traffic; (2) passes another vehicle from the rear while on a slope or on a curve where vision is obstructed for a distance of less than five hundred (500) feet ahead; (3) drives in and out of a line of traffic, except as otherwise permitted; or (4) speeds up or refuses to give one-half (1/2) of the roadway to a driver overtaking and desiring to pass; commits a Class C misdemeanor." IC 9-21-8-52(a)
In plain terms, the four acts are:
- Unreasonable speed: driving so fast, or so slowly, for the circumstances that it endangers people or property or blocks the flow of traffic.
- Blind passing: passing from behind on a slope or curve where you cannot see 500 feet ahead.
- Weaving: driving in and out of a line of traffic, except where that is otherwise permitted.
- Blocking a pass: speeding up, or refusing to give half the road, when another driver is trying to overtake.
Each act must be done "recklessly." Section 52 does not define that word. Indiana's general criminal code defines it in IC 35-41-2-2(c): a person acts recklessly "if he engages in the conduct in plain, conscious, and unjustifiable disregard of harm that might result and the disregard involves a substantial deviation from acceptable standards of conduct."
Where it applies
Except as IC 9-21-1-2, -3 and -3.3 provide, Article 21 of Title 9, which contains the reckless driving section, "applies throughout Indiana" (IC 9-21-1-1). IC 9-21-1-9 adds that, "Except when a different place is specifically referred to, this article applies to the operation of vehicles upon highways and private roads of a residential subdivision, regardless of who maintains them." Section 52 itself also names a private road in its school-bus subsection.
Is reckless driving a misdemeanor in Indiana? Penalties
Yes. The grade depends on the harm the driving causes:

- No damage or injury: Class C misdemeanor (IC 9-21-8-52(a)). Under IC 35-50-3-4, a Class C misdemeanor carries a fixed term of not more than 60 days and a fine of not more than $500.
- Damage to another person's property: Class B misdemeanor (IC 9-21-8-52(c)), punishable by not more than 180 days and a fine of not more than $1,000 (IC 35-50-3-3).
- Bodily injury to a person: Class A misdemeanor. Section 52(a) states, "However, the offense is a Class A misdemeanor if it causes bodily injury to a person." IC 35-50-3-2 sets the Class A range at not more than one year and a fine of not more than $5,000.
Section 52 has no repeat-offense tier and no felony tier for ordinary reckless driving. Repeat reckless driving matters instead through BMV points and the habitual-violator law, covered below. The felony forms of reckless conduct in a vehicle come from other sections: recklessly passing a stopped school bus, reckless operation near a highway worksite, and criminal recklessness through aggressive driving.
Recklessly passing a stopped school bus
IC 9-21-8-52(b) makes it a Class A misdemeanor to recklessly pass a school bus stopped on a roadway or a private road while its stop arm is extended. "However, the offense is a Level 6 felony if it causes bodily injury to a person, and a Level 5 felony if it causes the death of a person." On top of any other penalty, Section 52(e) lets the court suspend driving privileges for 90 days, or for one year if the person has at least one previous offense under that section or IC 9-21-12-1.
Passing a stopped school bus without the reckless element is a separate Class A infraction under IC 9-21-12-1(a), with the same 90-day or one-year discretionary suspension in IC 9-21-12-1(b).
Other reckless-operation offenses in IC 9-21-8
- Tractor-trailers: IC 9-21-8-50 makes it a Class B misdemeanor to operate a tractor-trailer combination "in a reckless or deliberate attempt to: (1) endanger the safety or property of others; or (2) block the proper flow of traffic."
- Highway worksites: IC 9-21-8-56(b) makes reckless operation "in the immediate vicinity of a highway worksite when workers are present" a Class A misdemeanor. Under subsections (f) through (h), it is a Level 6 felony if the driver has a prior unrelated conviction under that section in the previous five years, is driving in violation of IC 9-30-5-1 or IC 9-30-5-2 (the OWI offenses), or injures a worker in the worksite, and a Level 5 felony if a worker in the worksite dies.
How fast is reckless driving in Indiana?
No set speed makes driving reckless in Indiana. The speed prong of IC 9-21-8-52(a)(1) turns on an "unreasonably high rate of speed or ... unreasonably low rate of speed under the circumstances" that endangers people or property or blocks traffic, not on a number of miles per hour over the limit.
Indiana's speed chapter, IC 9-21-5, treats speeding as an infraction. IC 9-21-5-1(a) bars driving "at a speed greater than is reasonable and prudent under the conditions," and IC 9-21-5-1(b) makes driving faster than is reasonable and prudent for weather or road conditions a Class C infraction. Violating a posted maximum under IC 9-21-5-2 is also a Class C infraction. Under IC 34-28-5-4(c), a judgment of up to $500 may be entered for a Class C infraction, except as subsection (f) provides.
Where speed enforcement brings points, the BMV schedule assigns 2 points for 1 to 15 mph over the limit, 4 points for 16 to 25 mph over, and 6 points for more than 25 mph over (140 IAC 1-4.5-10, Table 1).
How many points is reckless driving in Indiana? License consequences
Indiana's point system is a Bureau of Motor Vehicles rule, not a statute. Table 1 of 140 IAC 1-4.5-10 assigns these values:
| Conviction | Points |
|---|---|
| Reckless driving (IC 9-21-8-52) | 6 |
| Reckless driving with damage to property | 8 |
| Reckless driving with bodily injury | 10 |
| Reckless driving while operating a tractor-trailer combination (IC 9-21-8-50) | 8 |
| Aggressive driving (IC 9-21-8-55) | 8 |
| Reckless operation in a highway work zone (IC 9-21-8-56) | 8 |
| Speed contest (drag racing) (IC 9-21-6-1) | 8 |
| Criminal recklessness with a vehicle (IC 35-42-2-2) | 8 |
| Resisting law enforcement in a vehicle (IC 35-44.1-3-1(b)) | 8 |
Under 140 IAC 1-4.5-10(b)(4), property damage or personal injury is not presumed when points are assessed for reckless driving unless the court order or abstract of court record specifically indicates it.
How the points add up, under 140 IAC 1-4.5-4:
- Points "become inactive twenty-four (24) months after the disposition date of the violation."
- A person with 20 or more active points within a 24-month period, after any credit earned by completing a driver safety program, receives a penalty that corresponds to the number of points. Fourteen to 18 points bring a warning notice, and 20 points bring "a one (1) month suspension."
- If a person commits three moving traffic offenses during any 12-month period, the BMV may, on written notice, require an administrative hearing.
Under 140 IAC 1-4.5-8, a person who commits a violation receives the same points or sanctions, including suspension, "even if the person does not hold a valid driver's permit or license."
Court-recommended suspension
Section 52 makes suspension for ordinary reckless driving a matter of the court's discretion. When the offense damages another person's property, Section 52(c) provides that "the court may recommend the suspension of the current driving license of the person convicted ... for a fixed period of not more than one (1) year." Section 52(d) gives the court the same power, also for not more than one year, when the offense causes bodily injury.
Mandatory BMV suspensions
IC 9-30-4-6.1(a) lists convictions for which the BMV "shall suspend or revoke" a license. Among them are manslaughter or reckless homicide resulting from the operation of a motor vehicle, and "Three (3) charges of criminal recklessness involving the use of a motor vehicle within the preceding twelve (12) months." Under Section 6.1(d)(1), except as subdivision (2) provides, the suspension or revocation lasts six months after the date of conviction or until the date the person is otherwise eligible for a license, whichever is later.
Habitual violator: three judgments in ten years
Reckless driving is one of the offenses that count toward Indiana's habitual-violator status. IC 9-30-10-4(b) provides that a person "who has accumulated at least three (3) judgments within a ten (10) year period for any of the following violations, singularly or in combination, and not arising out of the same incident, is a habitual violator." The list includes operating while intoxicated, the per se alcohol-concentration offenses, "(5) Reckless driving," "(6) Criminal recklessness as a felony involving the operation of a motor vehicle," and "(7) Drag racing or engaging in a speed contest in violation of law."
Thirty days after the BMV mails notice, IC 9-30-10-5(b)(3) requires it to suspend the driving privileges of a habitual violator under Section 4(b) for ten years.
Careless and aggressive driving in Indiana
No careless driving offense
Article 21 of Title 9, Indiana's rules of the road, contains no careless, inattentive or negligent driving offense. The closest general rule is IC 9-21-5-1, which requires speed to be "restricted as necessary to avoid colliding with a person, vehicle, or other conveyance on, near, or entering a highway in compliance with legal requirements and with the duty of all persons to use due care," and makes driving faster than is reasonable and prudent for weather or road conditions a Class C infraction.
Aggressive driving
IC 9-21-8-55 defines aggressive driving as committing at least three of nine listed acts "during one (1) episode of continuous driving of a vehicle." The acts are following too closely, unsafe operation under IC 9-21-8-24, passing on the right by driving off the roadway, unsafe stopping or slowing, unnecessary horn use, failure to yield, failure to obey a traffic control device, driving at an unsafe speed under IC 9-21-5, and repeatedly flashing headlights.
Aggressive driving is a crime only with the required intent. Section 55(c) provides that a person who, "with the intent to harass or intimidate a person in another vehicle, knowingly or intentionally engages in aggressive driving commits aggressive driving, a Class A misdemeanor," except as the worksite subsections of IC 9-21-8-56 provide. Near a highway worksite with workers present, aggressive driving is a Class A misdemeanor under Section 56(d), and committing any one of the first six listed acts there is a Class B infraction under Section 56(i).
Criminal recklessness with a vehicle
IC 35-42-2-2(a) makes it criminal recklessness to recklessly, knowingly or intentionally perform "an act that creates a substantial risk of bodily injury to another person," a Class A misdemeanor. Under Section 2(b), it is a Level 6 felony if "the person committed aggressive driving (as defined in IC 9-21-8-55) that results in serious bodily injury to another person," and a Level 5 felony if the aggressive driving "results in the death or catastrophic injury of another person."
Drag racing and speed contests in Indiana
IC 9-21-6-1 provides that "A person may not engage in a motor vehicle speed contest on a highway or street." Section 2 also bars obstructing or placing "a barricade or an obstacle across a highway or street" to facilitate or aid a speed contest, or as an incident to one. Under Section 3, a person who violates the chapter "commits a Class B misdemeanor," except as the worksite provisions in IC 9-21-8-56 provide.
A speed contest near a highway worksite with workers present is a Class A misdemeanor under IC 9-21-8-56(d), with the Level 6 and Level 5 felony escalations in subsections (f) through (h). A speed contest conviction carries 8 BMV points and counts toward habitual-violator status.
Title 9's rules of the road contain no separate street-takeover, drifting or burnout offense. Racing is charged under the speed-contest chapter, and other dangerous conduct under the reckless driving, aggressive driving and criminal recklessness sections. Separately, IC 35-44.1-2-13 makes intentionally obstructing vehicular or pedestrian traffic a Class B misdemeanor, a Class A misdemeanor if the offense includes the use of a motor vehicle, a Level 6 felony if it results in serious bodily injury (among other grounds), and a Level 5 felony if it results in catastrophic bodily injury or death.
Wet reckless in Indiana
Indiana's operating-while-intoxicated article, IC 9-30, contains no provision on an alcohol-related reckless driving plea, and it does not treat a reckless driving conviction as a prior OWI offense. Its references to reckless driving are an arrest rule in IC 9-30-2-2, the mandatory-suspension list in IC 9-30-4-6.1, and the habitual-violator list in IC 9-30-10-4.
That last section is where reckless driving and drunk driving meet: OWI judgments and reckless driving judgments count "singularly or in combination" toward the three judgments in ten years that make a habitual violator. For OWI penalties, see Indiana DUI and OWI laws.
Driving without a valid license in Indiana
Indiana separates three situations.
Never licensed. IC 9-24-18-1(a) provides that an individual "who knowingly or intentionally operates a motor vehicle upon a highway and has never received a valid driver's license commits a Class C misdemeanor." The offense is a Class A misdemeanor with a prior unrelated conviction under that section or if the driving results in bodily injury, a Level 6 felony if it results in serious bodily injury, and a Level 5 felony if it results in the death or catastrophic injury of another person. Individuals exempted under IC 9-24-1-7 are excluded.
Licensed but not carrying the license. Driving on a highway without a license as IC 9-24-1-1 requires is a Class C infraction, and the license-possession rules of IC 9-24-13 are also enforced as a Class C infraction ("A person who violates this chapter commits a Class C infraction," IC 9-24-13-5). IC 9-24-13-6(b) provides that an individual may not be convicted of violating the possession requirement in section 3 if, within five days of apprehension, the individual produces to the apprehending officer or the officer's headquarters satisfactory evidence of a permit or license that was valid at the time of apprehension.
Suspended or revoked. Except as sections 2 and 3 of the chapter provide, driving on a highway while suspended or revoked is a Class A infraction (IC 9-24-19-1). Under IC 9-24-19-2, a driver who knows the license is suspended or revoked and drives on a highway less than ten years after a judgment for a prior unrelated violation of section 1 or 2 commits a Class A misdemeanor. Under IC 9-24-19-3, a driver who knows the license is suspended or revoked, where the suspension or revocation resulted from a conviction of an offense, commits a Class A misdemeanor, raised to a Level 6 felony if the driving results in bodily injury and a Level 5 felony if it results in the death or catastrophic injury of another person. Under IC 34-28-5-4(a), a judgment of up to $10,000 may be entered for a Class A infraction.
Fleeing police in a vehicle
IC 35-44.1-3-1(a)(3) makes it resisting law enforcement, a Class A misdemeanor, to flee from an officer after the officer has identified himself or herself by visible or audible means and ordered the person to stop. Under subsection (c), the offense is:

- a Level 6 felony if the person uses a vehicle to commit it;
- a Level 5 felony if, among other grounds, the person operates a vehicle "in a manner that creates a substantial risk of bodily injury to another person";
- a Level 4 felony if the person operates a vehicle in a manner that causes serious bodily injury, or uses a vehicle and has a prior unrelated vehicle conviction under that section;
- a Level 3 felony if the person operates a vehicle in a manner that causes death or catastrophic injury; and
- a Level 2 felony if the person operates a vehicle in a manner that causes the death or catastrophic injury of a firefighter, emergency medical services provider or law enforcement officer engaged in official duties.
For a felony committed with a vehicle, subsection (e) requires a minimum executed sentence of at least 30 days with no prior unrelated conviction under the section, 180 days with one, and one year with two or more.
Indiana reckless driving offense table
| Offense | Statute | What it prohibits | Class | Statutory penalty range |
|---|---|---|---|---|
| Reckless driving | IC 9-21-8-52(a) | Recklessly driving at an unreasonable speed that endangers others or blocks traffic, blind passing, weaving, or blocking a pass | Class C misdemeanor | Up to 60 days; fine up to $500 |
| Reckless driving, property damage | IC 9-21-8-52(c) | The same offense resulting in damage to another person's property | Class B misdemeanor | Up to 180 days; fine up to $1,000 |
| Reckless driving, bodily injury | IC 9-21-8-52(a) | The same offense causing bodily injury to a person | Class A misdemeanor | Up to 1 year; fine up to $5,000 |
| Recklessly passing a stopped school bus | IC 9-21-8-52(b) | Recklessly passing a stopped school bus with its stop arm extended | Class A misdemeanor; Level 6 felony with bodily injury; Level 5 felony with death | Class A: up to 1 year and $5,000. Level 6: 6 months to 2.5 years. Level 5: 1 to 6 years. Felony fines up to $10,000 |
| Reckless tractor-trailer operation | IC 9-21-8-50 | Operating a tractor-trailer in a reckless or deliberate attempt to endanger others or block traffic | Class B misdemeanor | Up to 180 days; fine up to $1,000 |
| Reckless operation near a highway worksite | IC 9-21-8-56(b) | Reckless operation near a worksite when workers are present | Class A misdemeanor; Level 6 felony (prior within 5 years, OWI, or worker injury); Level 5 felony (worker death) | Class A: up to 1 year and $5,000; felony ranges as above |
| Aggressive driving | IC 9-21-8-55 | Three or more listed acts in one episode, with intent to harass or intimidate another driver | Class A misdemeanor | Up to 1 year; fine up to $5,000 |
| Criminal recklessness by aggressive driving | IC 35-42-2-2(b) | Aggressive driving resulting in serious bodily injury, or in death or catastrophic injury | Level 6 felony (serious bodily injury); Level 5 felony (death or catastrophic injury) | Level 6: 6 months to 2.5 years. Level 5: 1 to 6 years. Fine up to $10,000 |
| Speed contest | IC 9-21-6-1, -3 | Engaging in a motor vehicle speed contest on a highway or street | Class B misdemeanor | Up to 180 days; fine up to $1,000 |
| Resisting law enforcement with a vehicle | IC 35-44.1-3-1(c) | Fleeing an officer using a vehicle | Level 6 felony, rising to Level 5, 4, 3 or 2 with risk, injury, a prior or death | Level 6: 6 months to 2.5 years, with a mandatory minimum executed sentence |
| Driving with no license ever issued | IC 9-24-18-1 | Knowingly driving on a highway after never receiving a valid license | Class C misdemeanor; Class A with a prior or bodily injury; felony with serious injury or death | Class C: up to 60 days and $500 |
| Driving while suspended within 10 years of a prior judgment | IC 9-24-19-2 | Knowingly driving while suspended or revoked within 10 years of a prior suspended-driving judgment | Class A misdemeanor | Up to 1 year; fine up to $5,000 |
| Driving while suspended after a conviction | IC 9-24-19-3 | Knowingly driving while suspended or revoked because of a conviction | Class A misdemeanor; Level 6 felony with bodily injury; Level 5 felony with death or catastrophic injury | Class A: up to 1 year and $5,000 |
The misdemeanor ranges come from IC 35-50-3-2 (Class A), 35-50-3-3 (Class B) and 35-50-3-4 (Class C). The felony ranges come from IC 35-50-2-7(b) (Level 6, between six months and two and one-half years, advisory sentence one year), 35-50-2-6(b) (Level 5, between one and six years, advisory sentence three years) and 35-50-2-5.5 (Level 4, between two and twelve years, advisory sentence six years), each with a fine of not more than $10,000. For the full class table, see Indiana felony and misdemeanor classes.
A death caused by driving is charged under Indiana's homicide statutes, and a conviction of manslaughter or reckless homicide resulting from the operation of a motor vehicle requires the BMV to suspend or revoke the license under IC 9-30-4-6.1(a)(1); see Indiana manslaughter laws.
Related offenses that are not reckless driving
Failing to move over or slow down for a stopped authorized emergency vehicle is a Class A infraction under IC 9-21-8-35(b), and a Level 6 felony if the failure "results in serious bodily injury, catastrophic injury, or death" to a person operating, occupying or affiliated with that emergency vehicle. No section of Title 9's rules of the road, license, or OWI articles declares other conduct to be reckless driving.
Commercial drivers
Federal rules treat reckless driving "as defined by State or local law" as a serious traffic violation for CDL holders: a second conviction from a separate incident within three years brings a 60-day disqualification from commercial driving, and a third brings 120 days (49 C.F.R. 383.51, Table 2). A conviction in a personal vehicle counts only if it results in the revocation, cancellation or suspension of the license or non-commercial driving privileges; the reckless driving laws by state hub covers the federal layer.
Recent changes
IC 9-21-8-52, the reckless driving section, was last amended by P.L.144-2019. The worksite section, IC 9-21-8-56, was most recently amended by P.L.120-2023, and the aggressive driving section, IC 9-21-8-55, by P.L.170-2023. The habitual-violator section, IC 9-30-10-4, was amended by P.L.218-2025 and P.L.158-2026, and the resisting law enforcement section, IC 35-44.1-3-1, by P.L.218-2025, P.L.238-2025 and P.L.50-2026. IC 9-24-18-1 (driving after never receiving a license) was amended by P.L.117-2025, and IC 35-42-2-2 (criminal recklessness) by P.L.238-2025; the text described on this page is the 2026 Indiana Code.
Related Indiana laws
- Reckless driving laws by state
- Indiana DUI and OWI laws
- Indiana manslaughter laws
- Indiana felony and misdemeanor classes
- Indiana hit-and-run laws
- Indiana expungement laws
This article is general legal information about Indiana law, not legal advice. For a specific situation, contact a lawyer licensed in Indiana, or the Indiana Bureau of Motor Vehicles for driver's license questions.
Last updated: 2026-10-25.
Frequently Asked Questions
Is reckless driving a misdemeanor in Indiana?
Yes. Under IC 9-21-8-52 it is a Class C misdemeanor (up to 60 days and $500), a Class B misdemeanor if it damages another person's property, and a Class A misdemeanor (up to 1 year and $5,000) if it causes bodily injury.
What counts as reckless driving in Indiana?
Recklessly driving at an unreasonably high or low speed that endangers others or blocks traffic, passing on a slope or curve with vision obstructed for less than 500 feet, driving in and out of a line of traffic, or speeding up or refusing to give half the roadway to a passing driver (IC 9-21-8-52(a)).
How fast is reckless driving in Indiana?
IC 9-21-8-52 sets no speed figure. It covers recklessly driving at an unreasonably high rate of speed under the circumstances that endangers others or blocks traffic, while exceeding a posted maximum is a Class C infraction under IC 9-21-5-2.
How many points is reckless driving in Indiana?
Six points under the BMV schedule in 140 IAC 1-4.5-10, or 8 or 10 when the court order or abstract of court record shows property damage or bodily injury. Twenty active points within 24 months result in a one-month suspension, and the penalty corresponds to the number of active points (140 IAC 1-4.5-4).
Does reckless driving suspend your license in Indiana?
IC 9-21-8-52 does not require one. If the offense damaged property or caused bodily injury, the court may recommend a suspension of up to one year, and points or a habitual-violator finding can lead to a BMV suspension.
Does Indiana have a wet reckless?
Indiana's OWI article, IC 9-30, contains no provision on an alcohol-related reckless driving plea. Reckless driving and OWI judgments do combine toward habitual-violator status under IC 9-30-10-4(b).
Is drag racing illegal in Indiana?
Yes. IC 9-21-6-1 bars a motor vehicle speed contest on a highway or street, and IC 9-21-6-3 makes a violation a Class B misdemeanor; near a highway worksite with workers present it is a Class A misdemeanor (IC 9-21-8-56(d)).
Does Indiana have a careless driving law?
No. Article 21 of Title 9 has no careless, inattentive or negligent driving offense. Driving faster than is reasonable and prudent for weather or road conditions is a Class C infraction under IC 9-21-5-1(b).
What is the penalty for driving without a license in Indiana?
Knowingly driving on a highway after never receiving a valid license is a Class C misdemeanor under IC 9-24-18-1, or a Class A misdemeanor with a prior conviction or bodily injury. Not having the license in your possession is a Class C infraction (IC 9-24-13), and IC 9-24-13-6(b) bars a conviction if a license or permit valid at the time is produced within five days.
Does reckless driving affect a CDL in Indiana?
Federal rules treat reckless driving as a serious traffic violation for CDL holders. A second conviction from a separate incident within 3 years brings a 60-day disqualification and a third brings 120 days (49 C.F.R. 383.51).
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Indiana Code, TITLE 9. MOTOR VEHICLES
§ 9-21-8-52Reckless driving; passing a school bus with extended stop arm; penalty; license suspensionIn force
Sec. 52. (a) A person who operates a vehicle and who recklessly: (1) drives at such an unreasonably high rate of speed or at such an unreasonably low rate of speed under the circumstances as to: (A) endanger the safety or the property of others; or (B) block the proper flow of traffic; (2) passes another vehicle from the rear while on a slope or on a curve where vision is obstructed for a distance of less than five hundred (500) feet ahead; (3) drives in and out of a line of traffic, except as otherwise permitted; or (4) speeds up or refuses to give one-half (1/2) of the roadway to a driver overtaking and desiring to pass; commits a Class C misdemeanor. However, the offense is a Class A misdemeanor if it causes bodily injury to a person. (b) A person who operates a vehicle and who recklessly passes a school bus stopped on a roadway or a private road when the arm signal device specified in IC 9-21-12-13 is in the device's extended position commits a Class A misdemeanor. However, the offense is a Level 6 felony if it causes bodily injury to a person, and a Level 5 felony if it causes the death of a person.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at iga.in.gov
§ 9-21-8-55Aggressive drivingIn force
Sec. 55. (a) This section does not apply to a law enforcement official engaged in the law enforcement official's official duties. (b) For purposes of this section, a person engages in aggressive driving if, during one (1) episode of continuous driving of a vehicle, the person does or commits at least three (3) of the following: (1) Following a vehicle too closely in violation of IC 9-21-8-14. (2) Unsafe operation of a vehicle in violation of IC 9-21-8-24. (3) Overtaking another vehicle on the right by driving off the roadway in violation of IC 9-21-8-6. (4) Unsafe stopping or slowing a vehicle in violation of IC 9-21-8-26. (5) Unnecessary sounding of the horn in violation of IC 9-19-5-2. (6) Failure to yield in violation of IC 9-21-8-29 through IC 9-21-8-34. (7) Failure to obey a traffic control device in violation of IC 9-21-8-41. (8) Driving at an unsafe speed in violation of IC 9-21-5. (9) Repeatedly flashing the vehicle's headlights.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at iga.in.gov
§ 9-21-8-56Highway worksites; penalties for violationsIn force
Sec. 56. (a) For purposes of this section, "highway worksite" has the meaning set forth in IC 8-23-2-15. (b) Except as provided in subsections (f) through (h), a person who recklessly operates a vehicle in the immediate vicinity of a highway worksite when workers are present commits a Class A misdemeanor. (c) Except as provided in subsections (f) through (h), a person who knowingly or intentionally operates a motor vehicle in the immediate vicinity of a highway worksite when workers are present with the intent to: (1) damage traffic control devices; or (2) inflict bodily injury on a worker; commits a Class A misdemeanor. (d) Except as provided in subsections (f) through (h), a person who knowingly, intentionally, or recklessly engages in: (1) aggressive driving, as defined in section 55 of this chapter; or (2) a speed contest, as prohibited under IC 9-21-6-1; in the immediate vicinity of a highway worksite when workers are present commits a Class A misdemeanor.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at iga.in.gov
§ 9-21-8-50Reckless operation of a tractor-trailer combination; Class B misdemeanorIn force
Sec. 50. A person who operates a tractor-trailer combination in a reckless or deliberate attempt to: (1) endanger the safety or property of others; or (2) block the proper flow of traffic; commits a Class B misdemeanor. [Pre-1991 Recodification Citation: 9-4-1-73(b).]
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at iga.in.gov
§ 9-21-6-1Speed contests; prohibitionIn force
Sec. 1. A person may not engage in a motor vehicle speed contest on a highway or street. [Pre-1991 Recodification Citation: 9-4-6-2.]
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at iga.in.gov
§ 9-21-6-2Obstruction of highways or streetsIn force
Sec. 2. A person may not obstruct or place a barricade or an obstacle across a highway or street: (1) to facilitate or aid; or (2) as an incident to; a motor vehicle speed contest. [Pre-1991 Recodification Citation: 9-4-6-3.]
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at iga.in.gov
§ 9-21-5-1General restrictions; violationIn force
Sec. 1. (a) A person may not drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions, having regard to the actual and potential hazards then existing. Speed shall be restricted as necessary to avoid colliding with a person, vehicle, or other conveyance on, near, or entering a highway in compliance with legal requirements and with the duty of all persons to use due care. (b) A person who drives at a speed greater than is reasonable and prudent for the given weather or road conditions commits a Class C infraction. [Pre-1991 Recodification Citation: 9-4-1-57(a).]
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at iga.in.gov
§ 9-30-10-4Habitual violatorsIn forcecited in 2 of our articles
Sec. 4. (a) A person who has accumulated at least two (2) judgments within a ten (10) year period for any of the following violations, singularly or in combination, and not arising out of the same incident, is a habitual violator: (1) Reckless homicide resulting from the operation of a motor vehicle. (2) Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle. (3) Failure of the operator of a motor vehicle involved in an accident resulting in death or injury to any person to stop at the scene of the accident and give the required information and assistance. (4) Operation of a vehicle while intoxicated resulting in death. (5) Before July 1, 1997, operation of a vehicle with at least ten-hundredths percent (0.10%) alcohol in the blood resulting in death. (6) After June 30, 1997, and before July 1, 2001, operation of a vehicle with an alcohol concentration equivalent to at least ten-hundredths (0.10) gram of alcohol per: (A) one hundred (100) milliliters of the blood; or (B) two hundred ten (210) liters of the breath; resulting in death.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at iga.in.gov
Cited in 25 court opinions in our collectionLatest citing opinion in our collection: 2022
Opinions citing this section in our collection:
- Freeman v. State (Indiana Supreme Court 1995, 658 N.E.2d 68)“…to increasingly serious penalties as a "habitual violator." Ind.Code Ann. § 9-30-10-4 (West 1992). See discussion in Part C…”
- Abernathy v. Gulden (Indiana Court of Appeals 2016, 46 N.E.3d 489)“…r of judgments accumulated within a ten (10) year period. I.C. § 9-30-10-4. Even though the HTV statute has been a…”
- Kent W. Abernathy, Commissioner of the Indiana Bureau of Motor Vehicles and Bernard Carter, Prosecuting Attorney for Lake County v. Eric C. Gulden, Jeremy Crawford, David J. Klahn (Indiana Court of Appeals 2015)“…denied). II. Applicability of Ind. Code § 9-30-10-4 Section 4 of the Habitual Violator of…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Indiana Hit and Run Laws: Penalties and What to Do
§ 9-30-10-5Notice of suspension; term; relief for judicial reviewIn force
Sec. 5. (a) If it appears from the records maintained by the bureau that a person's driving record makes the person a habitual violator under section 4 of this chapter and a court has not already found the person to be a habitual violator under section 6.5 of this chapter based on the same underlying violations, the bureau shall mail a notice to the person's last known address, or send the notice electronically if the person has indicated a preference for receiving notices from the bureau electronically, that informs the person that the person's driving privileges will be suspended in thirty (30) days because the person is a habitual violator according to the records of the bureau.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at iga.in.gov
§ 9-30-4-6.1Suspension or revocation of driver's license or driving privileges; evidence of conviction; petition for reviewIn force
Sec. 6.1. (a) The bureau shall suspend or revoke the current driver's license or driving privileges of an individual who is convicted of any of the following: (1) Manslaughter or reckless homicide resulting from the operation of a motor vehicle. (2) Knowingly making a false application, or committing perjury with respect to an application made, under: (A) this chapter; or (B) any other law requiring the registration of motor vehicles or regulating motor vehicle operation on highways. (3) Three (3) charges of criminal recklessness involving the use of a motor vehicle within the preceding twelve (12) months. (4) Failure to stop and give information or assistance or failure to stop and disclose the individual's identity at the scene of an accident that has resulted in death, personal injury, or property damage in excess of two hundred dollars ($200). (b) The bureau shall suspend a driver's license or driving privileges of an individual upon conviction in another jurisdiction for the following: (1) Manslaughter or reckless homicide resulting from the operation of a motor vehicle.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at iga.in.gov
§ 9-24-18-1Driving without a licenseIn force
Sec. 1. (a) An individual, except an individual exempted under IC 9-24-1-7, who knowingly or intentionally operates a motor vehicle upon a highway and has never received a valid driver's license commits a Class C misdemeanor. However, the offense is a: (1) Class A misdemeanor if the individual has a prior unrelated conviction under this section; (2) Class A misdemeanor if the operation of the motor vehicle results in bodily injury; (3) Level 6 felony if the operation of the motor vehicle results in serious bodily injury; or (4) Level 5 felony if the operation of the motor vehicle results in the death or catastrophic injury of another person. (b) In a prosecution under this section, the burden is on the defendant to prove by a preponderance of the evidence that the defendant: (1) had been issued a driver's license or permit that was valid; or (2) was operating a motor driven cycle; at the time of the alleged offense. However, it is not a defense under subdivision (2) if the defendant was operating the motor driven cycle in violation of IC 9-21-11-12. [Pre-1991 Recodification Citation: 9-1-4-26.5.]
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at iga.in.gov
Indiana Code, TITLE 35. CRIMINAL LAW AND PROCEDURE
§ 35-42-2-2Criminal recklessnessIn force
Sec. 2. (a) A person who recklessly, knowingly, or intentionally performs an act that creates a substantial risk of bodily injury to another person commits criminal recklessness. Except as provided in subsection (b), criminal recklessness is a Class A misdemeanor. (b) The offense of criminal recklessness as defined in subsection (a) is: (1) a Level 6 felony if: (A) it is committed while armed with a deadly weapon; or (B) the person committed aggressive driving (as defined in IC 9-21-8-55) that results in serious bodily injury to another person; or (2) a Level 5 felony if: (A) it is committed by shooting a firearm into an occupied motor vehicle, an inhabited dwelling, or another building or place where people are likely to be present; or (B) the person committed aggressive driving (as defined in IC 9-21-8-55) that results in the death or catastrophic injury of another person.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at iga.in.gov
§ 35-44.1-3-1Resisting law enforcement; interfering with public safetyIn force
Sec. 1. (a) A person who knowingly or intentionally: (1) forcibly resists, obstructs, or interferes with a law enforcement officer or a person assisting the officer while the officer is lawfully engaged in the execution of the officer's duties; (2) forcibly resists, obstructs, or interferes with the authorized service or execution of a civil or criminal process or order of a court; or (3) flees from a law enforcement officer after the officer has, by visible or audible means, including operation of the law enforcement officer's siren or emergency lights, identified himself or herself and ordered the person to stop; commits resisting law enforcement, a Class A misdemeanor, except as provided in subsection (c). (b) A person who, having been denied entry by a firefighter, an emergency medical services provider, or a law enforcement officer, knowingly or intentionally enters an area that is marked off with barrier tape or other physical barriers, commits interfering with public safety, a Class B misdemeanor, except as provided in subsection (c) or (j).
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at iga.in.gov
§ 35-50-3-2Class A misdemeanorIn forcecited in 5 of our articles
Sec. 2. A person who commits a Class A misdemeanor shall be imprisoned for a fixed term of not more than one (1) year; in addition, he may be fined not more than five thousand dollars ($5,000).
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at iga.in.gov
Also relied on in: Indiana Felony Levels and Misdemeanor Classes (2026 Guide), Indiana Extortion and Blackmail Laws: Intimidation and Penalties, Indiana Embezzlement and Forgery Laws: Theft and Penalties (2026)
§ 35-50-3-3Class B misdemeanorIn forcecited in 3 of our articles
Sec. 3. A person who commits a Class B misdemeanor shall be imprisoned for a fixed term of not more than one hundred eighty (180) days; in addition, he may be fined not more than one thousand dollars ($1,000).
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at iga.in.gov
Also relied on in: Indiana Disorderly Conduct and Trespass Laws: Penalties (2026)
§ 35-50-3-4Class C misdemeanorIn forcecited in 3 of our articles
Sec. 4. A person who commits a Class C misdemeanor shall be imprisoned for a fixed term of not more than sixty (60) days; in addition, he may be fined not more than five hundred dollars ($500).
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at iga.in.gov
Cited in 20 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Snyder v. King (Indiana Supreme Court 2011, 958 N.E.2d 764)“…to an executed term of incarceration (no matter how short), I.C. § 35-50-3-4 (person convicted of Class C misdemeano…”
- Joey Jennings v. State of Indiana (Indiana Supreme Court 2013, 982 N.E.2d 1003)“…or a Class C misdemeanor is imprisonment for up to 60 days. Ind. Code § 35-50-3-4 (2008). 2 Namely, Indiana Code § 35-5…”
- Gressel v. State (Indiana Court of Appeals 1995, 653 N.E.2d 139)“…to sixty days imprisonment and/or a fine of up to $500.00. I.C. § 35-50-3-4. Thus, a court is not authorized to ord…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Indiana Drone Laws (2026): Police Warrants, Voyeurism, Hunting
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Sources and References
- IC 9-21-8-52, Reckless driving; IC 9-21-8-50, -55, -56 and -35(iga.in.gov).gov
- IC 35-41-2-2, Culpability (definition of recklessly)(iga.in.gov).gov
- IC 9-21-1-1 and 9-21-1-9, Application of Article 21(iga.in.gov).gov
- IC 35-50-3-2 to 35-50-3-4, Misdemeanor sentences(iga.in.gov).gov
- IC 35-50-2-5.5, -6 and -7, Felony sentences(iga.in.gov).gov
- IC 9-21-5, Speed limits(iga.in.gov).gov
- IC 34-28-5-4, Judgments for infractions(iga.in.gov).gov
- 140 IAC 1-4.5-10, Point values (Table 1)(law.cornell.edu)
- 140 IAC 1-4.5-4, Point accumulation and penalties(law.cornell.edu)
- 140 IAC 1-4.5-8, Points for unlicensed persons(law.cornell.edu)
- IC 9-30-4-6.1, Mandatory suspension or revocation(iga.in.gov).gov
- IC 9-30-10-4 and 9-30-10-5, Habitual violators(iga.in.gov).gov
- Indiana Code Title 9, Article 21 (rules of the road)(iga.in.gov).gov
- IC 35-42-2-2, Criminal recklessness(iga.in.gov).gov
- IC 9-21-6, Speed contests(iga.in.gov).gov
- Indiana Code Title 9, Article 30 (operating while intoxicated)(iga.in.gov).gov
- IC 9-24-18-1, Driving without a license(iga.in.gov).gov
- IC 9-24-13, License possession(iga.in.gov).gov
- IC 9-24-19, Driving while suspended or revoked(iga.in.gov).gov
- IC 35-44.1-3-1, Resisting law enforcement(iga.in.gov).gov
- IC 9-21-12-1, Passing a stopped school bus(iga.in.gov).gov
- 49 C.F.R. 383.51, Disqualification of drivers(ecfr.gov).gov
- IC 35-44.1-2-13, Obstruction of traffic(iga.in.gov).gov
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