Underage Drinking in Indiana

Teenagers under the age of 17 who are caught committing an alcohol-related offense will be tried in the juvenile court system. Consequences for possessing, consuming, purchasing, or transporting alcohol under the age of 18 generally include fines, restitution, probation, community service, substance abuse treatment, drug screening, victim impact panels, alcohol and drug education courses, counseling, and more.

Teenagers are not the only ones subject to criminal consequences for underage drinking. In Indiana, an individual must be 21 years of age to lawfully purchase and consume alcoholic beverages. For those who are 18, 19, and 20 years old, this can feel quite trivial since there doesn’t seem to be much separating them from lawful drinkers except a year or two of age. But the reality is, the law is the law, and underage drinking is set at a certain limit to protect people. Even if you are a few months away from being 21 years old, it is still against the law to consume, possess, transport, and purchase alcohol. And if you are caught, the legal consequences are worse than if you were 15 years old.

Defendants over the age of 18 can be charged with a Class C Misdemeanor, which is punishable by a $500 fine, 1 year license suspension, and up to 60 days in jail. Additional consequences may apply too, depending on priors, enhancements, and jurisdiction. That is why it is vital to hire an experienced criminal defense lawyer to represent your case. They have the experience, knowledge, and resources to help you avoid the maximum penalties for your criminal charges.

Juvenile Criminal Lawyer 317-636-7514

When a person who is 18 years of age or older is caught committing a crime, police will arrest them, detain them, and then take them into custody. Adult offenders are generally brought to a county jail, booked, and then given an opportunity to post bail once it is set by a judge. As for children who commit crimes, they are not always arrested, but if they are, they do not have the right to bail as adults do. Instead, a separate set of guidelines are in order for juvenile crimes and arrests.

Continue reading to learn which options police officers have when they are confronted with children who disobey the law and how they choose which one to use.

Detention and Penalties for Children

When a child is caught disobeying the law, a police officer has a few choices. His decision will depend on several factors, including the child’s age, the severity of the crime, the family’s ability to take over, and more. Here are 3 options a police officer has when faced with juvenile crimes:

❶ On-Site Counseling and Release

A police officer may decide that a child simply deserves a stern lecture and kind counseling as a penalty for their crime. For children who are young or have committed a minor infraction, such as j-walking or trespassing, a cop can decide to counsel a child at the scene, give them a lecture about making good choices and the consequences of poor choices, and then release them back into the streets. They choose this route with children who seem capable of reasoning and agreeable to discussion, and who is not a danger to themselves or others.

❷ A Ride Home in a Squad Car

Criminal Defense Law Firm 317-636-7514

An officer may decide to give the child a ride home in the back seat of their squad car as a penalty. They will choose this avenue for a few reasons. For instance, they may choose this option if they believe releasing the child is necessary, but releasing them back into the streets would not be safe or in the child’s best interest. Not only does this option provide safety, it also teaches children a lesson. A ride in a cop car is serious, but showing up at home with a police officer is even more distressing. The officer will up the penalty by discussing the circumstances with the parents, who can then decide on
a proper remedy for their child.

❸ A Trip to the Police Station

If a minor’s crime is more severe, and does not fit the terms for a “catch and release” form of punishment, like the two mentioned above, a police officer will transport the minor to the police station. There, the juvenile will be detained in an office-like setting, but sometimes police may place them in a cell by themselves if a minor is being uncooperative. What happens next primarily depends on the circumstances and guardianship of the child. Usually, the child is detained at the station until the parents come to pick them up. For children who do not have available or adequate family members, they are placed into the custody of child protective services. But for more serious crimes, minors are placed in lock-up and charged accordingly.

Indianapolis Criminal Defense for Minors

David E. Lewis Attorney at Law 317-636-7514

Call Attorney David E. Lewis at 317-636-7514 for aggressive juvenile criminal defense representation in Indianapolis, Indiana. We work around the clock to ensure your child’s rights are protected and their freedoms are preserved. Our law firm offers free initial consultations to discuss your case and the best strategies for defense. Call 317-636-7514 to speak with an Indianapolis criminal defense lawyer who cares.

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Category Archives: Juvenile Crimes

Indiana Has a Zero Tolerance Law for Underage Drinking