ESPN.com reports that Ohio State quarterback J.T. Barrett and UNLV guard Daquan Cook were both arrested for DUI over this past weekend. Each athlete is 20 years old. While police reports are hard to find, it is reported that Barrett was stopped at a DUI checkpoint. Barrett faces a one-game suspension, while it appears that Cook may miss as many as 13 basketball games.
If these arrests had happened in Indiana, the student athletes would face a harsher legal standard than adults who are 21 and older. The well-known BAC threshold of .08 only applies to people who can legally consume alcohol. In Indiana, the presumption is that it takes less alcohol to impair an underage drinker. If you are under 21 and driving, the intoxication limit is only .02. For reference, drinking a twelve ounce can of Bud Light will put most people at the .02 level for about an hour. 
Various news outlets report that Barrett blew a .099. If he had been arrested in Indiana, he would likely be facing two criminal charges: 1) Operating a Vehicle While Intoxicated (OVWI) as a C misdemeanor, and 2) Operating a Vehicle with a BAC Above .08 as a C misdemeanor. Most of the time, a DUI in Indiana is charged as an A misdemeanor alleging dangerous driving, but it’s rare to find dangerous driving at a checkpoint.
In Indiana, a Class C misdemeanor is punishable with a maximum time in jail of 60 days. If Barrett had previously been convicted of a DUI within the past five years, or if there had been minors in the vehicle, Indiana would charge him with OVWI as a Level 6 felony. A Level 6 felony is punishable with up to two and a half years in jail.
In addition to jail time, Indiana imposes significant license suspensions for a DUI conviction. If you are under 21 and blow the legal limit of .02, you might have your license suspended for an entire year. Likewise, an adult who blows a .08 faces up to a one-year suspension if her arrest results in a misdemeanor conviction. A Level 6 felony can get your license taken away for two and a half years.
Indiana treats DUI very seriously. If you or a loved one is charged with DUI, the lawyers at the Marc Lopez Law Firm are ready to fight back. Give us a call at (317) 632-3642. Or contact us by email.
