Indiana takes driving under the influence seriously, and when a minor is involved, the consequences can be severe.
Understanding the legal process and what steps to take can make a significant difference in protecting your child’s rights and future. Here’s what you need to know to be prepared to act quickly and effectively.
Indiana’s Underage DUI Laws
In Indiana, underage DUI laws are particularly strict. A DUI charge for someone under 21 is often referred to as a “zero tolerance” offense. This means that the Blood Alcohol Concentration (BAC) limit for individuals under the legal drinking age is much lower than for adults.
For minors, the legal BAC limit is 0.02%, a stark contrast to the 0.08% threshold for those over 21. This tiny margin leaves little room for error, and even a small amount of alcohol can lead to an arrest for underage DUI.
What Are the Penalties for Underage DUI in Indiana?
The penalties for an underage DUI conviction can be severe, with both immediate and long-term consequences. Fines for a first-time underage DUI offense typically range from $500 to $5,000, depending on the circumstances. In addition to fines, the court may suspend the driver’s license for up to one year. This suspension can be especially disruptive for teenagers or college students who rely on driving for school, work, or other responsibilities.
There is also the possibility of jail time, though this is less common for first offenses. However, the court may impose probation or require the completion of alcohol education programs. These programs are designed to educate young offenders about the dangers of drinking and driving, but they add to the emotional and financial burden of the DUI charge.
How Can a DUI Conviction Can Impact Your Child’s Future?
The consequences of an underage DUI conviction don’t stop once the penalties are paid. Having a DUI on their record can significantly impact your child’s future. Colleges and universities often ask applicants to disclose criminal records, and a DUI conviction could lead to rejection or lost scholarship opportunities. Some employers also run background checks, and a criminal record could make it harder for your child to secure a job, especially in industries that require a clean driving history.
Additionally, a DUI conviction can lead to increased insurance rates. Auto insurance companies often view DUI offenders as high-risk drivers, which means your family could face much higher premiums for years to come.
What to Do if Your Child Is Arrested for an Underage DUI
If your child has been arrested for underage DUI, time is critical. First, ensure your child exercises their right to remain silent and doesn’t make statements to law enforcement without an attorney present.
Document everything about the arrest, including where it occurred, the officer’s name, and any field sobriety tests conducted. Gather names and contact information of any witnesses.
Most importantly, contact an experienced DUI defense attorney immediately – ideally before your child is questioned by police.
Possible Defenses Against Underage DUI Charges
A skilled attorney can help explore various defenses against underage DUI charges. One common defense is to challenge the accuracy of the BAC test. Breathalyzers and other testing devices aren’t always reliable, and improper calibration or administration can lead to false results.
Another potential defense is investigating whether the police followed proper procedures during the arrest. If the arresting officer failed to read your child their rights or conducted an unlawful search, it could lead to the dismissal of the charges.
In some cases, the attorney may work with the prosecution to negotiate a plea deal. This might involve pleading guilty to a lesser charge in exchange for reduced penalties, such as community service or a shorter license suspension.
How a Criminal Defense Attorney Can Help
Having a knowledgeable criminal defense attorney on your side can make a critical difference in the outcome of an underage DUI case. An attorney will guide you through the legal process, ensuring your child’s rights are protected at every stage. They will also work to minimize the impact of the charges, whether through negotiating with prosecutors or presenting a strong defense in court.
Experienced DUI attorneys understand the complexities of these cases and can help reduce the stress and uncertainty for you and your child. In a situation where the stakes are high, professional legal representation is essential.
Call Hessler Law for Help Fighting an Underage DUI in Indiana
If your child has been charged with an underage DUI in Indiana, don’t wait to seek help. Reach out to the experienced criminal defense team at Hessler Law, PC, today for a free consultation. We’ll review your case, explain your options, and fight to protect your child’s rights.
Call (317) 886-8800 or contact us today for a free consultation.