Common Offenses Involving Minors and Alcohol

Within this county, hundreds of minors are charged with alcohol related offenses each year. The attorneys at Arnold Terrill Anzini, P.C. have been representing young adults in criminal courts for many years. We take pride in protecting and explaining the rights of our clients. Good kids make mistakes and we are here to help.

The punishments for misdemeanor alcohol related offenses include but are not limited to jail time, alcohol counseling, license suspensions and community service. For purposes of this discussion, a minor is a person at least eighteen years (18) of age, but less than twenty one (21) years of age. Minors under the age of eighteen (18) will who are charged with an alcohol related offense may appear in the appropriate juvenile court. For more information about juvenile related offenses and the juvenile justice system, please visit our website or contact our office.

Indiana Code 7.1-5-7-7 [Possession of Alcohol by Minor, also known as "Minor Consuming"] provides that it is a Class C misdemeanor to possess or consume an alcoholic beverage or transport upon a highway any alcoholic beverage. If the offense is committed while operating a motor vehicle, a court may order the minors drivers license suspended for up to one (1) year.

The state bears the burden to prove that you are a minor and that you possessed, consumed or transported alcohol in Allen County. The State is not required to prove intoxication with this charge. "Alcohol" is defined under Indiana law as: any liquid or solid that (1) contains one-half percent (0.5% or more alcohol by volume; (2) is fit for human consumption; and (3) is reasonably likely, or intended, to be used as a beverage (I.C. 9-13-2-2.3).

I.C. 7.1-5-7-10 prohibits a minor from entering any bar, tavern or public place where alcoholic beverages are sold or furnished. This offense is a Class C misdemeanor punishable up to sixty (60) days in jail upon conviction. Additionally, a conviction for this offense might result in a drivers license suspension for a minimum of ninety (90) days and up to one (1) year (see I.C. 9-24-18-8 and/or 9-30-4-9). I.C. 7.1-5-7-11, however, sets forth many exempt locations where alcohol is served, such as civic center, sports arena, recreational facility, restaurant or passenger airplane. I.C. 7.1-5-7-1 and 7.1-5-7-2 address offenses relating to the use and furnishing of false or altered drivers licenses (commonly referred to as "fake i.d."). A person commits a Class C Infraction when he or she presents or sells or gives to another a false identification or drivers license for the purpose of purchasing or attempting to obtain an alcoholic beverage. A person found in violation of these provisions will also lose his or her drivers license for a minimum of ninety (90) days and up to one (1) year (see I.C. 9-24-18-8 and/or 9-30-4-9).

Should you or someone you know have any questions about the information stated above, please contact Arnold Terrill Anzini, P.C. and an attorney will be excited to speak with you. Also, please visit us at our website to learn more about what we do.