No person under 21 years of age shall purchase, possess, or consume alcoholic beverages (i.e., beer, wine, hard liquor, etc.) or non-alcoholic beer/wine/etc. in the state of Indiana. Additional information on the laws of Indiana may be found at the following website https://secure.in.gov/atc/2331.htm.
PENALTIES FOR VIOLATION
The following are the penalties typically handed out by the Huntington County Court (as provided by the court judge) with regard to the various offenses:
Driving while intoxicated (DWI)
1. First Offense – First time DWI offenders in Huntington County normally receive one year with all but six (6) days suspended. Since a person receives day for day credit, this means the defendant will actually spend three days in the Huntington County Jail. The defendant is fined $50.00 plus court costs of $113.00, assessed a $200.00 drug and alcohol fee, and a $50.00 probation fee, is ordered to attend an alcohol education program, and the individual’s license is suspended for a period of 90 days. (Although not part of the court’s sentence, the defendant’s insurance premium will usually double because the defendant will now be considered high risk).
2. Second Offense – Second time DWI offenders will normally receive a minimum of thirty (30) days in jail, a fine of $250.00 plus court costs, a $200.00 drug and alcohol fee, a one year license suspension, one and one half year probation, and either an in-patient treatment program or an intensive out-patient treatment program (cost of $2,000-$4,000).
Possession, Consumption, or Transporting Alcoholic Beverages by a Minor.
1. First Offense – Normally a sixty days jail sentence is given with the entire sixty days suspended upon the condition the minor perform thirty (30) hours of community service within 30 days. The minor is also fined $50.00 plus court costs and his/her driving privileges are suspended for a period of 60 days.
2. Second Offense – For any subsequent offense, the minor will spend time in jail.
Public Intoxication
There is no set sentence for this particular offense. Normally counseling is ordered as a condition of any probation.
False Identification
This is treated the same as a minor who possesses, consumes, or transports alcoholic beverages.
Furnishing Alcohol to a Minor
Typically, a jail sentence and fine is imposed. The amount of each will depend upon the circumstances, including the age of the defendant and also the age of the minor to which the alcohol was furnished.
Driving While Suspended
Any time a person drives when his/her license has been suspended or revoked, he/she commits a class A misdemeanor. The maximum penalty that could be imposed would be a jail sentence not to exceed one year and a fine not to exceed $5,000. If the suspension was the result of a DWI conviction, there is a mandatory sixty (60) days jail sentence.
Leaving the Scene of an Accident
Leaving the scene of an accident is a class B misdemeanor. The maximum penalty would be 180 days in jail and a fine not to exceed $1,000. The standard sentence normally given in Huntington County Superior Court for leaving the scene of an accident is the same as a DWI conviction except that the driving privileges are suspended for a period of 180 days rather than 90 days.
Fees and penalties stated in the Appendix B section are subject to change at the court's discretion.