If your child is charged with operating while intoxicated (OWI) in Indiana, it can have long-lasting effects on their future. An OWI conviction can appear on background checks for college applications, job interviews and rental agreements. It can also send your insurance rates through the roof.
An OWI conviction can also affect your child’s eligibility for scholarships and future employment. Understanding the severity of these charges and the potential impact on their life is crucial. An OWI charge is not just a legal issue; it can influence a young person’s life for years.
Indiana’s “zero tolerance” rules
Indiana enforces zero tolerance laws for drivers under 21. This means any detectable alcohol level in a minor’s system while driving can lead to charges. Here’s a breakdown of the potential penalties based on blood alcohol content (BAC):
- BAC between .02% and .08%: Class C infraction, $500 fine, up to a one-year driver’s license suspension
- BAC between .08% and .15%: Class C misdemeanor, $500 fine, up to 60 days in jail
- BAC of .15% or higher: Class A misdemeanor, $5,000 fine, up to one year in prison
Other consequences can include mandatory attendance at an alcohol education program, a victim impact program and the installation of an ignition interlock device (IID). Penalties may vary, but they are generally severe for all minors and do not typically differ for high school and college students.
Ensure they know what to do if arrested
A parent’s first instinct is to protect their children. Here are steps for you and your child to understand if they are stopped for OWI:
- Stay calm and gather all relevant information about the arrest
- Instruct your child to be polite to officers and follow instructions
- Help them understand their right not to answer questions without a lawyer present
- Contact a skilled OWI defense attorney
- Discuss the case with your child and lawyer to understand all legal options
- Review the police report and any available evidence
- Ensure your child attends all required court appearances and programs
Consider addressing this topic with your child as soon as they get their driver’s license and before they face potential consequences.
Protecting your child’s future
Acting promptly is crucial if your child faces OWI charges. An experienced OWI lawyer can assess the circumstances of the arrest and look for possible defenses, including:
- Improper conduct by officers, such as lack of probable cause
- Challenging the accuracy of chemical tests
- Presenting evidence of a medical condition affecting BAC results
- Contesting any procedural errors in the case
A skilled lawyer can guide you through legal procedures, help minimize penalties and work to protect your child’s future. They can negotiate with the court to reduce sentencing, help expunge records and provide support throughout the legal process. Taking immediate action and seeking legal assistance can better safeguard your child’s opportunities and well-being.