How to Navigate an Underage DUI in Indiana

Facing an underage DUI in Indiana can be an overwhelming and life-changing experience for both the young driver and their family. Indiana enforces strict underage drinking and driving laws to protect public safety and deter impaired driving among individuals under 21. These cases often involve unique legal challenges because minors and young adults face a blend of criminal penalties, administrative consequences, and collateral issues—such as impacts on education, employment, and driving privileges. 

This article will guide you through the critical aspects of Indiana’s underage DUI laws, the penalties involved, and the steps you should take to protect your rights and your future. However, if you or your child is already facing DUI charges in Indiana should not hesitate to call the drunk driving lawyers at Keffer Hirschauer LLP at 317-648-9560 or schedule a case consultation using our online contact form.  

Our Indiana criminal defense lawyers are led by two former Fatal Alcohol Crash (FACT) prosecutors who leverage their past experience to provide our clients with dynamic and highly effective defense strategies aimed at securing the optimal outcome in the case against them.  

What Constitutes an Underage DUI in Indiana? 

Indiana takes a zero-tolerance approach to drinking and driving for individuals under the age of 21. While the legal blood alcohol concentration (BAC) limit for adults is 0.08%, the threshold for drivers under 21 is much lower. Under Indiana Code 9-30-5-8.5, it is illegal for any person under 21 years of age to operate a vehicle with a BAC of 0.02% or higher. This means that even a minimal amount of alcohol can result in a charge of underage DUI in Indiana. For example, a single drink could push a young driver over this legal limit. 

When an underage person is arrested and charged under Indiana Code 9-30-5-8.5(a), they will face Class C infraction charges. In general, this is considered a low level criminal charge. However, it’s important to understand that, under certain circumstances, underage drivers can face more serious criminal OWI charges in Indiana.  

If a person under the age of 21 is found to be operating a a vehicle with a BAC of 0.08% or more, they may be charged with a Class C criminal misdemeanor under Indiana Code 9-30-5-1. Furthermore, if they are found to be operating with a vehicle with a BAC of 0.15% or higher, or while endangering others, the charges may be escalated to a Class A criminal misdemeanor or even a felony if aggravating factors exist (e.g., injuries or prior convictions). 

The key takeaway? Indiana’s zero-tolerance law means that even trace amounts of alcohol can lead to a criminal charge—and the consequences are far more serious than many young drivers (and their parents) realize. 

Consequences of an Underage DUI in Indiana 

The penalties for an underage DUI in Indiana extend far beyond a traffic ticket. Even a first offense can have life-altering implications, including criminal charges, driver’s license suspension, and future educational or employment challenges. 

In Indiana, an underage DUI involving a BAC of 0.02%–0.07% is considered to be a Class C infraction. In general, this is a rather low level offense and is punishable by a judgment (i.e. a fine) of up to five hundred dollars ($500). However, when the underage DUI involves BAC levels that reach or exceed 0.08%, the charges and potential penalties increase dramatically.  

When a person is arrested and charged with a DUI involving a BAC between 0.08% and 0.15%, they may be charged with a Class C misdemeanor, punishable by up to 60 days in jail and a $500 fine, per the Indiana sentencing guidelines. If the driver’s BAC reaches or exceeds 0.15%, they may be charged with a Class A misdemeanor, punishable by up to one year in jail and a $5,000 fine. 

Under the most serious circumstances, an underage DUI could result in felony DUI charges in Indiana. For instance, when an underage person is found to be operating a vehicle with a BAC over 0.08% AND has caused serious bodily injury to another person, they may be charged with a Level 5 felony offense, punishable by up to 6 years in jail and a $10,000 fine. If the DUI incident resulted in the death or catastrophic injury of another person, they may be charged with a Level 4 felony, punishable by up to 12 years in jail and a $10,000 fine.  

Administrative Penalties and Collateral Consequences 

When a person is convicted of an underage DUI in Indiana, they’ll face certain administrative penalties that significantly limit their freedom on the road. Per Indiana Code 9-30-5-8.5(b), a person who is under the age of 21 and has been convicted of drunk driving with a BAC between 0.02% and 0.08%, may have their Indiana driver’s license suspended for a period of no more than one year. Typically, these license suspensions are for a minimum period of 90 days for first-time offenders.  

It’s important to note, however, that an underage person’s license may be suspended for longer period of time if they refused a chemical test. Under Indiana’s implied consent law, the refusal to submit to a chemical test after being advised of consequences results in an automatic one-year suspension of driving privileges.  

Beyond driver’s license suspension, a person convicted of an underage DUI in Indiana may face a variety of collateral consequences. Common collateral consequences for underage drunk driving convictions include the following:  

• Increased car insurance premiums or policy cancellation. 
• Impact on college admissions, scholarships, and financial aid eligibility. 
• Potential issues with future professional licensing and employment opportunities. 

Underage DUI’s and Juvenile Court in Indiana 

For drivers under 18, an underage DUI in Indiana often falls under the jurisdiction of juvenile court rather than adult criminal court. This distinction significantly affects how the case proceeds and what penalties apply, and thus, often requires the assistance of an experienced Indiana juvenile crimes defense attorney.  

Juvenile Court Jurisdiction 

Under Indiana Code 31-37, juveniles charged with DUI are considered delinquent children rather than criminal defendants. While this may sound less severe, the process remains formal and can still have lasting consequences. Juvenile proceedings focus on rehabilitation, but courts impose sanctions to deter future offenses. 

Possible Outcomes 

• Diversion Programs: In some counties, first-time offenders may qualify for pre-trial diversion programs. These often require alcohol education, community service, and probation. 
• License Suspension: The Bureau of Motor Vehicles (BMV) can still impose administrative penalties, including license suspension, regardless of the court’s approach. 
• Detention or Placement: For serious or repeat offenses, the court may order secure detention or placement in a treatment program. 

Parental Involvement 

Parents or guardians must appear in court and often share financial responsibility for fines, fees, and program costs. This can include expenses for court-mandated alcohol education classes, substance abuse assessments, and any restitution ordered by the court. Beyond financial obligations, parents are typically tasked with monitoring compliance, which may involve ensuring their child attends counseling sessions, adheres to curfew restrictions, or completes community service hours.  

In some cases, the court may require parents to sign formal agreements acknowledging their role in supervising compliance, and failure to do so could result in additional legal complications. Ultimately, the involvement of parents is viewed as a critical component of the rehabilitation process, reinforcing accountability and reducing the likelihood of repeat offenses. 

Future Implications 

Although juvenile records are generally confidential, they can affect future opportunities—especially if the individual later seeks a professional license or a position requiring background checks. Fortunately, many of these records may eventually be eligible for juvenile expungement in Indiana. 

The Importance of Hiring a Skilled Underage DUI Attorney in Indiana 

An underage DUI in Indiana is more than just a traffic offense—it can affect your child’s freedom, education, and future opportunities. The clock starts ticking as soon as charges are filed. License suspensions can begin almost immediately, and deadlines for requesting specialized driving privileges or challenging an administrative suspension are short. Acting quickly gives your legal team the best chance to protect your child’s record and driving privileges. 

At Keffer Hirschauer LLP, we understand the stakes. Our Indiana DUI defense attorneys are former prosecutors and seasoned litigators who know how to identify weaknesses in the state’s case, from improper traffic stops to flawed chemical testing. We also help families navigate the complex interplay between juvenile court, criminal court, and the Indiana Bureau of Motor Vehicles. 

Whether the goal is minimizing penalties, negotiating alternative resolutions like diversion programs, or fighting for a full dismissal, our approach is client-centered and results-driven. We recognize that a mistake should not define your child’s future, and we work tirelessly to achieve outcomes that protect long-term goals, such as college admission and career prospects. 

If you or your child is facing an underage DUI in Indiana, do not wait. Every day counts when it comes to license suspension, court deadlines, and preparing a defense. Contact our criminal defense firm today at 317-648-9560 or complete our online contact form to schedule a consultation.