Health & Wellness Promotion

Alcohol & Other Drug Education
Indiana Alcohol & Drug Laws

Laws governing the production, possession, storage, sale, delivery, transportation, or financing of alcohol and drugs are set forth in the Indiana Code. This legislation sets regulations and describes penalties for alcohol and drug related offenses statewide.

Whether you've lived in Indiana all of your life or are here for the first time, it's important to familiarize yourself with state and local laws concerning alcohol. Please take a few minutes to read this Guide to Indiana's Alcohol Laws.

As a resource for the IUPUI campus community, the most relevent or frequently cited laws regarding alcohol and drugs are provided below - paraphrased in "plain english" with links to the actual sections of the Indiana Code as a reference. These translations are an attempt to aid in understanding for educational purposes, and do not constitute legal advice. Always defer to the Indiana Code for the complete and authentic wording of the laws.

  • Indiana Lifeline Law

    IC 7.1-5-1-6.5 Request of medical assistance, victim of sex offense, crime witness; prohibited from being taken into custody; immunity from criminal prosecution.

    • Provides that a person is immune from arrest or prosecution for the crimes of public intoxication, minor possession, minor consumption, and minor transportation alcohol if the arrest or prosecution is due to the person: (1) reporting a medical emergency; (2) being the victim of a sex offense; or (3) witnessing and reporting what the person believes to be a crime.
    • In order to receive immunity, the person must demonstrate that they are acting in good faith by completing ALL of the following: Providing their full name and any other relevant information requested by law enforcement officers, remaining on the scene until law enforcement and emergency medical assistance arrives, and cooperating with authorities on the scene.
    • The law does not provide immunity from other criminal offenses such as providing to a minor, or operating while intoxicated (OWI).
    • Establishes a mitigating circumstance for the sentencing of a person convicted of a controlled substance offense if the person's arrest or prosecution was facilitated in part because the person requested emergency medical assistance for an individual in need of medical assistance due to the use of alcohol or a controlled substance.
    • Allows a court to defer entering a judgment of conviction for an individual arrested for an alcohol offense if the individual was arrested after a report that the person needed medical assistance due to the use of alcohol if certain conditions are met (e.g. deferment program for victim of alcohol poisoning who receives call on their behalf).
    • Allows an advanced emergency responders to administer an overdose intervention drug to a person suffering from an overdose.
  • Fake ID and False Statement of Age

    IC 7.1-5-7-1 False statements of age

    • If you are a minor and lie about your age or present false evidence that you are not a minor (such as a fake ID or using someone else’s ID), the court may fine you up to $500. Using a fake ID will also result in a license suspension for up to 1 year.

    IC 7.1-5-7-2 Furnishing false evidence of identification

    • It’s illegal to give or sell a fake ID to a minor, or to let them use your valid ID in a fraudulent way.

    IC 7.1-5-7-3 Possession of false identity

    • It’s illegal to carry a fake ID with the intent to use it, even if you haven’t used it yet.
  • Alcohol, Minors, and Social Host Law

    IC 7.1-5-7-7 Illegal possession

    • It’s illegal for a minor to possess or consume alcohol. This includes transporting alcohol in a car on a public road without the driver’s parent in the car, regardless of whether the alcohol belongs to someone else in the car or is unopened.

    IC 7.1-5-7-8 Sale to minors prohibited; furnishing property for the puspose of enabling minors to consume alcohol prohibited

    • It’s illegal to sell or give alcohol to minors. The charge is worse if you have broken an alcohol law previously, and becomes a felony if the alcohol you provide causes anyone to get injured or die.
    • Social Host Law: As of July 1, 2014 it is illegal to knowingly provide a place for minors to drink alcohol, whether or not you were the one to provide the alcohol.

    IC 7.1-5-7-15 Aiding unlawful possession

    • It’s illegal for someone 21 or older to help or encourage someone underage to obtain or consume alcohol.
  • Going Out in Public

    IC 7.1-5-1-3 Public intoxication prohibited

    • It’s illegal to be drunk or high in a public place if your behavior is annoying, alarming, disruptive, or dangerous.

    IC 7.1-5-1-6 Intoxication upon common carrier prohibited

    • It’s illegal to be drunk or high on public transportation, or around bus stations, airports, etc.

    IC 35-48-4-13 Visiting or maintaining a common nuisance

    • It’s illegal to knowingly visit a building or vehicle that houses illegal drug activity. It’s a felony to maintain a building or vehicle that is used in the manufacture, storage, sale, delivery, or financing of illegal drugs or paraphernalia.
  • Hosting Parties

    IC 7.1-5-7-8 Sale to minors prohibited; furnishing property for the puspose of enabling minors to consume alcohol prohibited

    • It’s illegal to sell or give alcohol to minors. The charge is worse if you have broken an alcohol law previously, and becomes a felony if the alcohol you provide causes anyone to get injured or die.
    • Social Host Law: As of July 1, 2014 it is illegal to knowingly provide a place for minors to drink alcohol, whether or not you were the one to provide the alcohol.

    IC 7.1-5-10-3 Unauthorized dealings prohibited

    • It’s illegal to give away, furnish, sell, barter, or provide an alcoholic beverage to a person other than an invited guest or member of his/her family. Guests are individually invited, and do not include open house party attendees. Temporary beer/wine permits can be obtained for $50.

    IC 7.1-5-10-5 Sale without permit prohibited

    • It’s illegal to sell alcohol without a permit. This includes charging cover fees at parties, accepting donations in exchange for alcohol, charging for keg cups, hosting a cash bar, or otherwise charging for drinks. Temporary beer/wine permits can be obtained for $50.

    IC 35-48-4-13 Visiting or maintaining a common nuisance

    • It’s illegal to knowingly visit a building or vehicle that houses illegal drug activity. It’s a felony to maintain a building or vehicle that is used in the manufacture, storage, sale, delivery, or financing of illegal drugs or paraphernalia.

    IC 7.1-3-6.5-6 Possession of keg without identification marker or with altered marker; providing false information on receipt

    • Possessing a beer keg without a valid identification marker is unlawful.

    IC 7.1-5-10-14 Sales to habitual drunkards prohibited

    • It is unlawful for a permit holder to sell or provide alcohol to someone known to be a “habitual drunkard.”

    IC 7.1-5-10-15.5 Person furnishing alcoholic beverage; civil liability for damages

    • If you provide alcohol to someone who is already drunk, and their intoxication later leads to death, injury, or damage; you could be liable in a civil action for damages caused by the impairment or intoxication of the person.
  • Alcohol and Vehicles

    IC 9-30-15-3 Open alcoholic beverage container during operation of motor vehicle

    • It’s illegal to drive with an alcohol container that is open or had the seal broken unless the container is locked out of reach, in a separate passenger compartment (e.g. back of a limo), in the trunk, or behind the last seat if there is no trunk.

    IC 7.1-5-7-7 Illegal possession

    • It’s illegal for a minor to possess or consume alcohol. This includes transporting alcohol in a car on a public road without the driver’s parent in the car, regardless of whether the alcohol belongs to someone else in the car or is unopened.

    IC 7.1-5-1-6 Intoxication upon common carrier prohibited

    • It’s illegal to be drunk or high on public transportation, or around bus stations, airports, etc.

    IC 9-30-15-4 Consumption of alcohol while operating a motor vehicle

    • It’s illegal to knowingly consume any alcohol while you’re driving.

    IC 9-30-5 Operating a Vehicle While Intoxicated (OWI)

    • An operator of a motor vehicle whose alcohol concentration is greater than or equal to .08 grams and less than .15 grams of alcohol per 100 milliliters of blood or 210 liters of breath commits a Class C Misdemeanor. Driving with any schedule I or II substance as defined by IC 25-48-2 (such as marijuana, methamphetamine or cocaine) or its metabolite in his/her body commits a Class C Misdemeanor, punishable by up to 60 days in prison and up to a $500 fine. (IC 9-30-5-1)
    • An operator of motor vehicle whose alcohol concentration is greater than or equal to .15 grams per 100 milliliters of blood or 210 milliliters of breath commits a Class A Misdemeanor. Class A Misdemeanors are punishable by up to one year in prison and up to a $5000 fine. (IC 9-30-5-1)
    • An operator of a motor vehicle who, while driving under the influence of drugs or alcohol endangers a person (including him/herself) commits a Class A Misdemeanor punishable by up to one year in prison and up to a $5000 fine. (IC 9-30-5-2)
    • A second violation of IC 9-30-5-1 or IC 9-30-5-2 is a Class D Felony if there has been a previous conviction within the past five years of the current violation. (IC 9-30-5-3) D Felonies are punishable by a fine of up to $10,000 and up to 3 years in prison.
    • A person that causes serious bodily injury to another person while operating a motor vehicle with an alcohol concentration of .08 grams or more per 100 milliliters of blood or 210 liters of breath, or has a schedule I or II substance or its metabolite in his/her body, commits a class D Felony. If there has been a previous, unrelated conviction within the past five (5) years for operating a vehicle while intoxicated it is a Class C Felony; punishable by up to eight years in prison and up to $10,000 in fines. (IC 9-30-5-4)
    • It is a separate offense for each person injured by the impaired operator. (IC 9-30-5-4)
    • An operator of a motor vehicle that kills another person with an alcohol concentration of .08 or more, or with a controlled schedule I or II substance or its metabolite in his/her body, commits a Class C Felony punishable by up to eight years in prison and up to $10,000 in fines. (IC 9-30-5-5)
    • If the operator who kills another person has a previous conviction under IC 9-30-5 within the previous five years the penalty is a Class B Felony; punishable by up to 20 years in prison and up to $10,000 in fines. (IC 9-30-5-5).
    • It is a separate offense for each person killed by the violation of (IC 9-30-5-5).
  • Possessing Illegal Substances and Prescription Drugs (Without a Prescription)

    IC 35-48-4-11 Possession of marijuana, hash oil, or hashish

    • It’s illegal to possess or grow marijuana. If you know marijuana is growing on your premises and don’t destroy it, it counts as possession.

    IC 35-48-4-8.3 Possession of paraphernalia

    • It’s illegal to possess drug paraphernalia (e.g. materials or devices used to put controlled drugs in the body, test the strength or purity of drugs, or enhance the effects of drugs). The charges get worse if the paraphernalia has been used (e.g. drug residue) and if you have prior drug offenses.

    IC 35-48-4-10 Dealing in marijuana, hash oil, hashish, or salvia

    • It’s illegal to knowingly be involved in the production, sale, or delivery of marijuana or synthetic marijuana. It becomes a felony if the intended recipient is under 18, if the amount of marijuana is more than 30 grams, if you have a prior drug conviction, or if you deliver marijuana in or near a school, public park, family housing complex or youth center.

    IC 35-48-4-6 Possession of cocaine or narcotic drug

    • It’s a felony to possess cocaine or narcotic drugs, including methamphetamine, Schedule I (Ecstasy, GHB, LSD) or Schedule II (Ritalin, Concerta, Adderall, Oxycodone) prescription drugs without a prescription. Charges get worse if the amount is over 5 grams, if you have a prior drug conviction, or if you possess the drugs in or near a school, public park, etc.

    IC 35-46-6-2 Inhaling toxic vapors

    • It’s illegal to get high on model glue and a variety of other chemicals that release toxic vapors.
  • Dealing Illegal Substances and Prescription Drugs

    IC 35-48-4-5 Dealing in a counterfeit substance

    • It’s illegal to make or deal controlled substances with labels or identifying marks imitating brand manufactured drugs (e.g. mislabeled or homemade Vicodin)

    IC 35-48-4-4 Dealing in a schedule V controlled substance

    • It’s a felony to knowingly be involved in the production, sale, or delivery of Schedule V drugs (certain controlled prescription drugs). Charges are worse if the recipient is under 18, or if you deal the drugs in or near a school, public park, etc.

    IC 35-48-4-3 Dealing in a schedule IV controlled substance

    • It’s a felony to knowingly be involved in the production, sale, or delivery of Schedule IV drugs (e.g. Xanax, Valium, Ambien). Charges are worse if the recipient is under 18, or if you deal the drugs in or near a school, public park, etc.

    IC 35-48-4-2 Dealing in a schedule I, II, or III controlled substance

    • It’s a felony to knowingly be involved in the production, sale, or delivery of Schedule I, II, or III drugs (e.g. Vicodin, Ritalin, Adderall, Concerta, and street drugs other than Marijuana). Charges are worse if the recipient is under 18, or if you deal the drugs in or near a school, public park, etc.

    IC 35-48-4-1 Dealing in cocaine or narcotic drug

    • It’s a felony to knowingly be involved in the production, sale, or delivery of cocaine or narcotic drugs, including methamphetamine. Charges get worse if the amount is over 5 grams, or if you deal the drugs in or near a school, public park, etc.