What Indiana State laws address alcohol?
All Purdue students are responsible for complying with local, state, and federal laws regarding alcohol. The following information regarding Indiana State law is current as of publication and is not intended to substitute for legal advice. For a complete listing of the current alcoholic beverage laws, consult Indiana Alcoholic Beverage Laws. Copies of this document are available for examination at the Purdue University Police Department, (765) 494-8221.
Class C Infraction (up to $500 fine and loss of minor's driver's license):
- misrepresentation of age for the purpose of purchasing alcoholic beverages
- a person under age 21 with a BAC of 0.02 to 0.07 who operates a vehicle (In addition, the license may be suspended for up to one year.)
Class C Misdemeanors (imprisonment for up to 60 days and fine of up to $500):
- illegal possession of alcohol by a person younger than 21 years of age who knowingly: 1) possesses an alcoholic beverage; 2) consumes it; or 3) transports it on a public highway when not accompanied by a parent or legal guardian
- to sell, barter, exchange, provide, or furnish an alcoholic beverage to a minor
- a person younger than 21 years of age present in a tavern, bar, or other public place where alcoholic beverages are available (in addition, minor's license may be revoked for up to one year.)
- use of falsified documents, such as fake ID
Class B Misdemeanors (imprisonment up to 180 days and fine up to $1000):
- being in a public place or a place of public resort in a state of intoxication caused by the person's use of alcohol or a controlled substance
- knowingly, recklessly or intentionally furnishing alcohol to a minor (for the first offense)
- renting, providing, or arranging a place for minors to consume alcohol (also known as the "Social Host Law")
Note: Indiana Lifeline Law:
The Indiana Lifeline Law provides that a person is immune from arrest or prosecution for certain alcohol offenses if the arrest or prosecution is due to the person: (1) reporting a medical emergency; (2) being the victim of a sex offense; or (3) witnessing and reporting what the person believes to be a crime. It also establishes a mitigating circumstance for the sentencing of a person convicted of a controlled substance offense if the person's arrest or prosecution was facilitated in part because the person requested emergency medical assistance for an individual in need of medical assistance due to the use of alcohol or a controlled substance. The Indiana Lifeline Law allows a court to defer entering a judgment of conviction for an individual arrested for an alcohol offense if the individual was arrested after a report that the person needed medical assistance due to the use of alcohol if certain conditions are met.
Note: Alcohol-impaired or other drug-impaired driving:
It is illegal to operate a motor vehicle while impaired-even at blood alcohol levels below 0.08%! You can be arrested with a BAC as low as 0.05. Indiana law states that anyone operating a motor vehicle within the state gives "implied consent" to submit to a chemical test of intoxication (breath, blood, or urine).
Failure to submit to the test may be used as evidence in court and will result in an automatic license suspension and may result in a longer driver's license suspension than if the test were administered and failed. Criminal sanctions for alcohol and other drug-impaired driving include fines and imprisonment, license suspensions, and can include mandatory education or treatment.
Note: Caution on using fake IDs:
Under certain circumstances, local prosecutors have used the criminal code rather than the alcoholic beverage code to prosecute users of fake IDs. Misdemeanor charges of "deception" and felony charges of forgery have been filed. Under federal law, possession or use of fake or altered driver's licenses, or state or federal ID cards can be punishable by a fine of up to $25,000 and/or a five-year jail term.
What State and Federal laws address other drugs?
Drugs other than alcohol can also create legal risks for college students. The Controlled Substances Act regulates drugs that have been declared by the Attorney General to have abuse potential. Such drugs include: marijuana, hashish, or hash oil, cocaine, LSD, and other hallucinogens, barbiturates and other sedative-hypnotics, amphetamines and other prescription stimulants, MDMA (ecstasy), PCP, synthetic cannabinoids, and similar drugs. It is illegal under both state and federal law to:
- deal, manufacture, distribute, dispense, possess, or use an illegal drug or controlled substance, or
- encourage, aid, or induce another person to deal, manufacture, distribute, dispense, possess, or use an illegal drug or controlled substance
Penalties for the violations cited above vary depending upon the substance, the quantity of the substance (drug), the number of violations related to the offense, and the schedule of the controlled substance.