Though June 21 is the official first day of Summer, most of us consider Race Day – that is, the day of the Indianapolis 500 – and Memorial Day as the season’s kickoff. While it’s nice to have fun during this celebratory weekend, the hard part can be dealing with the consequences when letting loose goes too far.
The Greatest Spectacle in Partying
Though the race takes place on the Sunday before Memorial Day, the debauchery starts days before. From Friday’s Carb Day concert to the infield Snake Pit, these traditions have become a sort of “rite of passage” for younger fans. Teenagers, college kids, and grown adults alike can be seen uninhibitedly dancing, drinking, and generally enjoying themselves.
Most times, though, the binge drinking combined with many other factors – including the heat that often accompanies the race – the fun can go downhill quickly, resulting in fights and wide-ranging disorderly conduct. In 2012, dozens of partiers were arrested and more than 100 tickets were issued in the couple days before the race.
The following are some common citations and charges, and will mostly reference Indiana laws. Keep in mind that these can vary by state.
Underage Consumption/Possession
In large crowds, underage drinkers might think they’ll fly under the radar – but there’s no guarantee. There is also no tolerance for consumption or possession of alcohol by a minor, aside from very few, minute exceptions. Underage consumption or possession will likely result in a class C misdemeanor, the lowest (but still very serious) of criminal charges.
Consequences resulting from underage drinking depend on a minor’s prior record, if any. The maximum possible repercussions are 60 days in jail and a $500 fine.
Public Intoxication
Despite attempts to reverse it, public intoxication laws are still quite subjective. A class B misdemeanor charge will be issued if a person is intoxicated and endangers his or her own life; endangers the life of another person; breaches the peace or poses a threat to doing so; or harasses, annoys or alarms another person.
The outcome will very much depend on the county, state, officer, legal counsel and/or any prior record involved.
In some cases, the charged offender will be directed to a pre-trial diversion program. Through this program he or she may be required to take an alcohol and drug abuse class, possibly perform community service and/or pay some fees. These charges would then be dropped as long as there are no other arrests within an agreed amount of time. After the charges are dismissed you may petition to court to seal, but not expunge, your arrest. One can also choose to appear in court to fight the charge, with or without legal representation.
Operating While Intoxicated (OWI)
OWI is the large umbrella which houses driving under the influence and driving while intoxicated charges. These charges are fairly cut and dried – they’re harsh, serious, and shouldn’t be faced without experienced legal counsel.
The severity of these charges relies heavily on possible accidents, and previous convictions. In some instances where the circumstances of the OWI were grave, courts have imposed jail time on first-time offenders or prosecuted them as a felon.
In the state of Indiana the maximum BAC for a minor is .02 when operating a vehicle, and is punishable by license suspension and fines. Some states (such as Texas) have a zero-tolerance policy, and punishment can be much harsher.
Bottom Line
Summertime brings many celebrations, barbecues and other outdoor events aside from the Indianapolis 500, and the number of alcohol-related arrests and accidents seems to correlate. So, when drinking or partying, do so safely and smart. When there is trouble, hiring a criminal defense attorney can keep the accused on the road, in possession of their license, and more importantly, out of jail.
Chris Eskew is a litigator and trial attorney at Eskew Law LLC in Indianapolis, Indiana. Whether pursuing an aggressive courtroom strategy to resolve your criminal, family law or personal injury case, or employing a negotiation approach to solving your case, Eskew Law LLC can field the right skills for you.
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