Game day in Bloomington starts hours before kickoff, and most tailgates end fine. Somewhere between the parking lot and the gate, though, a good afternoon can turn into a police stop. For a student at Indiana University (IU), the fallout goes past a fine and can affect internships, graduate school applications and your standing on campus. Here are three charges that often follow tailgate weekends and what the law requires for each.
1. Underage drinking at a football tailgate
Indiana keeps the drinking age at 21, so if you are under it, knowingly having or drinking alcohol is a Class C misdemeanor. That carries up to 60 days in jail and a $500 fine, though a first offense may instead result in probation or a diversion program, depending on the circumstances.
One exception matters when someone gets sick. Under the Indiana Lifeline Law, you get limited immunity from arrest if you call for medical help, give officers your name, stay on the scene and cooperate.
2. Public intoxication after disruptive behavior
Turning 21 does not put you in the clear, though being drunk in public is not by itself a crime here. To prove public intoxication, a Class B misdemeanor, prosecutors must show you were drunk in public and did one of four things:
- Put your own life in danger
- Put someone else’s life in danger
- Breached the peace or came close to it
- Harassed, annoyed or alarmed someone
That second element usually decides the case. Yelling at strangers might satisfy it, while waiting quietly for a ride generally will not, which makes the officer’s description of your conduct especially important in cases involving college students.
3. Battery after a tailgate fight
A fight raises the stakes fast, mostly because Indiana’s battery law does not require an injury. Indiana defines it as knowingly or intentionally touching someone in a rude, insolent or angry way, meaning even a shove during an argument may satisfy the legal definition.
The battery statute moves that up to a Class A misdemeanor if it causes bodily injury. It becomes a Level 6 felony if the injury is moderate or the other person was an on-duty public safety official. Self-defense can apply, though whether it succeeds often depends on witness accounts, video footage and the events leading up to the confrontation.
Campus discipline after a criminal charge
Even a case that goes well in court is only half of it. IU’s student conduct code reaches off-campus behavior tied to university activities or the campus community, so a citation outside the stadium can open a school file.
That process runs on its own track, so a dismissal from the prosecutor does not end it. Outcomes range from a written warning to suspension or expulsion. What you say to a conduct officer also lacks the protection of a talk with your lawyer.
Early decisions can affect what happens next
How the first few days go matters more than almost anything else. Indiana prosecutors have discretion to offer diversion agreements that end in dismissal for many first-time misdemeanors. The state’s expungement law may seal certain records later.
Neither is automatic, and handling the criminal case without considering the campus process can create additional complications. So write down what you remember, keep every citation and campus notice in one place and talk to a defense lawyer before you give a statement.