In many ways, underage drinking and driving violation penalties can be considered harsher than standard DUI punishments. Because Indiana has a zero-tolerance policy when concerning underage drivers – this means that any driver under the age of 21 must have a blood alcohol content level of 0 – even having a BAC level of .01 is considered intoxicated and is punishable under the law.
If you are underage and have been arrested for driving under the influence, our Indianapolis underage DUI attorney, Zaki Ali, can provide the representation you need to protect your future.
Increased Punishments For Underage Drivers
Underage drivers who are convicted of a DUI can also face illegal alcohol possession charges, similar to situations in which an individual driving under the influence of illegal drugs would receive additional charges. Because the individual was underage, it is assumed that they were in possession of the alcohol in order to consume it. Underage DUIs are a serious matter and receive harsh punishments, including:
- First offense underage DUIs can result in a 90-day suspension of driving privileges if the individuals’ BAC levels are lower than .08
- For a second offense underage DUI with low BAC levels, the individual faces 180 days of suspended privileges, plus fines and possible jail time
- For BAC levels higher than .08, an underage DUI will result in a two-year suspension of driving privileges for a first-time offense
- For BAC levels or higher on a second offense, an underage DUI will result in a five-year suspension of driving privileges
Underage DUIs can result in further punishments for other violations, such as contributing to the delinquency of a minor and restricted driving curfew.
We Have 21 Years Of Experience
If you have been arrested for an underage DUI, finding a reliable Indianapolis DUI attorney to represent you should be your top priority. At Zaki Ali, Trial Lawyers, we believe in treating each case with dedication and professionalism. We strive to deliver high-level quality to our clients and that starts with doing what we can to achieve their goals.
Contact attorney Zaki Ali at 1-833-ZAKI-ALI (1-833-925-4254) today so we can begin defending your case.
Indiana’s Zero-Tolerance Law for Drivers Under 21
Indiana treats underage impaired driving far more strictly than it does for adults. For most drivers 21 and over, the legal threshold is a blood alcohol concentration (BAC) of .08. For drivers under 21, the state applies a “zero tolerance” standard: operating a vehicle with a BAC of just .02 or higher can lead to charges. In practical terms, even a single drink can put a young driver at risk of arrest, license suspension, and a criminal record.
How a case is charged often depends on the BAC level. A younger driver measured between .02 and .08 typically faces a lower-level offense tied to the zero-tolerance law, while a driver at .08 or above can be charged the same way an adult would be for operating while intoxicated (OWI), with the more serious penalties that follow. An experienced attorney can explain exactly how the numbers in your case affect the charges you face.
Consequences That Reach Beyond the Courtroom
The penalties a court imposes are only part of the picture. An underage DUI can follow a young person for years and affect opportunities that have nothing to do with driving:
- Driver’s license suspension — the Indiana BMV can suspend driving privileges, affecting the ability to get to school, work, and activities.
- College and financial aid — a conviction can jeopardize scholarships, campus housing, and certain forms of financial aid, and many schools have their own disciplinary processes.
- Auto insurance — insurers often raise premiums sharply or drop coverage after an impaired-driving conviction.
- Employment and background checks — a criminal record can surface on background checks for jobs, internships, and professional licensing.
- Future opportunities — because the conviction happens early in life, it can shadow applications for years unless it is later addressed through expungement.
How We Defend Underage DUI Charges
A charge is not a conviction. Depending on the facts, a strong defense may involve questioning whether the traffic stop was lawful, whether the testing equipment was properly calibrated and administered, whether the officer followed required procedures, and whether other factors could explain the reading. Our goal is to protect your child’s record and future, whether that means fighting for a dismissal, a reduction, or the best available resolution.
Frequently Asked Questions About Underage DUI in Indiana
Can my child be charged after only one drink?
Possibly. Because Indiana uses a zero-tolerance standard for drivers under 21, a BAC as low as .02 can support charges. Even a small amount of alcohol can be enough, which is why these cases should be taken seriously from the start.
Will my child automatically lose their license?
A license suspension is a common consequence of an underage DUI, but the specifics depend on the charge and the circumstances. In some situations it may be possible to contest the suspension or seek limited driving privileges. An attorney can review your case and explain the options.
Is an underage DUI a misdemeanor or a felony?
Many first-time underage DUI cases are charged as lower-level offenses or misdemeanors, but aggravating factors, such as a very high BAC, an accident, or injuries, can increase the seriousness of the charges. The exact classification depends on the facts of the case.
Can an underage DUI be removed from my child’s record later?
In some cases, Indiana’s expungement law may allow an eligible conviction to be sealed after a waiting period and other requirements are met. Whether a specific case qualifies depends on the details, so it is worth discussing with an attorney.
What should we do first after an arrest?
Avoid discussing the details of the arrest with anyone other than a lawyer, write down everything you remember while it is fresh, and contact an experienced defense attorney as soon as possible so important evidence and deadlines are not lost.
