Laws about underage drinking are strict. If caught with alcohol in your dorm room, you might be worried about the potential legal fallout. Fortunately, there are legal ways to defend yourself and effectively protect your future.
Potential consequences of underage drinking
In Indiana, the law prohibits anyone under 21 from possessing or consuming alcohol. If caught, you may face a Class C misdemeanor charge. This is the least serious criminal charge, but you could serve up to 60 days in jail and a fine of up to $500.
In addition to legal penalties, your college might impose academic or disciplinary actions, including suspension or expulsion, even if the police do not press charges.
Possible legal defenses exist
While having alcohol in your dorm is generally not a good idea, there are some possible legal defenses, including:
- Lack of knowledge: If you did not know there was alcohol in your dorm room, you might have a defense.
- Consent: If you permitted someone else to be in your room, you might be able to argue that you did not consent to the alcohol being there.
- Unintentional possession: For instance, if a friend left alcohol in your room, you could argue that you did not intentionally possess it.
- Illegal search and seizure: Any evidence the police found when they searched your room without a warrant or consent might be inadmissible in court.
If you find yourself in this situation, taking the appropriate steps to protect your future is crucial. Knowing your legal rights and defenses can help you manage the situation better, and a knowledgeable attorney can also significantly impact your case.
