At Gibson Law Office, we have represented Purdue students and individuals charged with Indiana OWI offenses since 1999. One of the most common misconceptions we hear is that a person cannot get into legal trouble unless they are over the traditional .08 legal limit. For drivers under age 21, that is not always true.
Many Purdue students are surprised to learn they can face OWI-related consequences even when they are nowhere near the traditional .08 legal limit.
Indiana has a separate law that applies to drivers under age 21 that can result in a license suspension of up to one year if a person drives with a 0.02 ACE or higher.
As a result, a student may face significant consequences after consuming what they believe is a small amount of alcohol.
Indiana law provides that drivers under 21 can face an underage OWI-related charge when their BAC is .02 or higher. The charge is an infraction and not criminal but can result in up to a one-year license suspension. It can be accompanied by a criminal minor consumption of alcohol charge. At Gibson Law Office, we regularly explain to Purdue students and their parents that the .08 legal limit for adult drivers is not the only risk for individuals under 21. These cases often involve students who believed they were acting responsibly and did not realize that Indiana's underage OWI law uses a much lower threshold.
Many people know that .08 is the legal limit for adult drivers.
What many Purdue students do not know is that Indiana has a separate rule for drivers under 21.
A person under age 21 can face consequences even when the BAC is significantly below .08.
At Gibson Law Office, we regularly answer questions from Purdue students who are shocked to learn that even a relatively small amount of alcohol can create legal issues under Indiana's underage OWI law. Understanding the difference between the .02 and .08 standards is often the first step in developing an appropriate legal strategy.
One of the most common scenarios involves designated drivers.
A student has one or two drinks.
The student believes:
"I'm fine to drive."
The student volunteers to drive friends home.
The student is stopped by police.
The student then learns that being under .08 does not necessarily prevent legal consequences.
Many underage OWI cases involve:
Fraternity events
Sorority events
Sporting events
Apartment parties
Late-night trips for food
In many cases, the student never intended to break the law and genuinely believed they were making responsible decisions.
Some underage OWI-Infraction situations also involve criminal allegations of:
Minor consumption
Possession of alcohol by a minor
The facts of each case matter.
Attorneys at Gibson Law Office evaluate the entire incident—not just the OWI allegation—to develop a strategy to mitigate additional charges or university disciplinary issues.
Sometimes.
Whether Purdue receives information may depend on the police agency involved and whether additional charges accompany the incident.
Students should assume the university may become aware of the situation.
Because Purdue's disciplinary process operates independently from the criminal courts, Gibson Law Office encourages students to begin preparing for both matters as early as possible rather than assuming the university will never learn about the incident.
When Purdue becomes involved, students may face a separate disciplinary process.
Possible proceedings may include:
Conduct Conference
Alcohol and Other Drug programming
The university process is separate from the criminal case.
Attorney Brett Gibson regularly help Purdue students understand that the university disciplinary process often follows a different timeline than the criminal case. Developing a coordinated strategy for both proceedings can help students make informed decisions throughout the process.
For drivers under age 21, that is not true.
Indiana's underage OWI law creates potential legal consequences at a much lower BAC threshold. A person less than 21 years of age who operates with a BAC of at least 0.02 can have their driving privileges suspended for up to one year.
Operating with a 0.02 BAC or higher for a person under 21 years of age is a Class C infraction. It carries a range of possible license suspension of up to one year. However, Gibson Law Office attorneys have significant experience in OWI-Infraction cases. A shorter or even zero license suspension is possible in some cases.
At Gibson Law Office, one of the most common mistakes we see is students waiting until their first court date before seeking legal advice. Both driver's license issues and university disciplinary matters can begin developing quickly, making early planning important.
University deadlines may continue even while the criminal case is pending.
Students should carefully review and respond to communications from Purdue within the required timeframes.
The Purdue disciplinary process and the criminal case often require different preparation and strategy.
Attorneys at Gibson Law Office regularly help students and families understand how these two processes interact while developing a coordinated approach for both matters.
Since 1999, Gibson Law Office has represented individuals charged with Indiana criminal offenses, including Purdue students facing OWI and alcohol-related charges. Our attorneys understand that an underage OWI can involve more than the court case - it may also affect a student's education, driver's license, and future opportunities.
Because we regularly represent Purdue students, we understand both the criminal court process and Purdue's disciplinary system. Our goal is to help students and families understand what to expect, protect their rights, and develop a strategy tailored to their individual circumstances.
Yes. Indiana's under-21 law creates potential legal consequences for drivers under age 21 with a BAC of .02 or higher. This is offense is an infraction and not criminal. However, a person can face up to a one-year license suspension. It’s also possible that a criminal minor consumption of alcohol will be filed.
It depends on the student's disciplinary history, the facts of the incident, and how Purdue chooses to handle the matter. Every situation is different. However, a first-time offense for OWI typically results in a conduct conference where suspension or expulsion are not possible.
Sometimes. Whether Purdue receives information depends on several factors, including the investigating agency and the circumstances of the incident. Students should assume the university may become aware of the matter. If Purdue University Police are involved, the University will almost always be notified.
No. Indiana has separate laws that apply to drivers under age 21. The legal standards and potential consequences may differ from those applicable to adult drivers. Underage OWI – or OWI-Infraction – is not a criminal charge. However, it is an infraction that carries up to a one-year license suspension. The offense applies to a person under the age of 21 who drives with a 0.02 BAC or higher.
Contact Gibson Law Office as soon as possible. Attorney Brett Gibson regularly assist Purdue students in understanding both the criminal case and any university disciplinary process, allowing students and families to begin developing a strategy before important deadlines occur. Gibson Law attorneys can also help protect your driving privileges.
You may also find these resources helpful:
Can Purdue Suspend or Expel Me for an OWI?
You need to act fast to protect your rights. Certain defenses and motions must be filed prior to deadlines set by the court. Our experienced criminal defense attorneys will develop a strategy to attack the evidence in your case. Schedule a free consultation now.
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