Under Pennsylvania law, it is illegal for individuals under the age of 21 to purchase, attempt to purchase, consume, possess or knowingly or intentionally transport any alcoholic beverage. Individuals charged with underage drinking and other alcohol-related offenses may face serious penalties and consequences that could last a lifetime.
Bucks County Underage Drinking Lawyer
I have over a decade of experience providing skilled and aggressive representation to individuals charged with underage drinking and other alcohol-related offenses in Bucks County, Montgomery County and the surrounding counties.
Contact me at (215) 752-5282 for a free initial consultation or fill out the confidential contact form for an immediate response. Appointments are available after business hours and on weekends.
Underage Drinking Laws in PA
Pennsylvania’s underage drinking statute is found under 18 Pa. C.S.A. § 6308 and is defined in part as follows:
- A person commits a summary offense if he or she, being less than 21 years of age, attempts to purchase, purchases, consumes, possesses or knowingly and intentionally transports any liquor or malt or brewed beverages. Under the underage drinking law, it will not be a defense that the liquor or malt or brewed beverage was consumed in a jurisdiction other than the jurisdiction where the citation for underage drinking was issued.
In Pennsylvania, an individual under the age of 21 can be charged with underage drinking if they are caught purchasing or possessing alcohol, even if they never consumed alcohol.
Penalties for Pennsylvania Underage Drinking
Minors and individuals under the age of 21 who are charged with underage drinking will often face serious consequences and penalties, even in cases involving a 1st time offense. Potential penalties may include the following:
- Fines: First-time offenders will pay a fine up to $500. Second and 3rd time offenders will pay a fine of up to $1,000.
- College or University Discipline: Individuals enrolled in a college or university may face separate disciplinary penalties from the school if they are convicted of underage drinking or other alcohol-related offenses.
- Criminal Record: If you are over 18 years of age, underage drinking convictions may remain on your criminal record until you reach 21 years of age, or possibly become permanent.
- Employment and Educational Impact: An underage drinking conviction may result in decreased employment and educational opportunities because the conviction will appear on criminal background checks performed by colleges, graduate schools, employers and professional licensing organizations.
Underage Drinking Defense
It is important to contact an experienced criminal defense attorney as soon as you have been cited for underage drinking or any other alcohol-related offenses.
I have successfully defended young people facing all types of alcohol-related charges. I will conduct an extensive investigation of the evidence and circumstances of your case to evaluate all possible legal defenses.
My review of your case will include an analysis of whether law enforcement officers had a sufficient legal level of probable cause or reasonable suspicion to conduct any search, seizure or arrest at the time of the incident. Other common defenses to underage drinking include:
- The minor was not in possession of alcohol
- The only evidence is the minor’s admission to consuming alcohol
- The breathalyzer malfunctioned
- The minor was merely present among underage drinkers
- The minor was unaware of the possession of alcohol
Underage Drinking Trial
In certain cases, I have been able to achieve an acquittal on the underage drinking charge by taking the case to trial with a strong defense. In other cases, I have been able to significantly reduce the penalties and consequences of an underage drinking charge prior to trial through negotiation with the local police and prosecutors and with the agreement of local district judges.
Expungement of an Underage Drinking Citation
Minors and other underage individuals who are convicted of underage drinking are eligible to formally petition for a Pennsylvania criminal record expungement of the police and court records of the case once they reach the age of 21.
Individuals applying for expungement of an underage drinking case must provide proof that they have completed all of the conditions imposed by the court when the original citation was adjudicated. I have extensive experience with the expungement process for underage drinking offenses. I can assist you with the application process if you are eligible for expungement of your underage drinking record.
AAP for Underage Drinking
Many 1st time underage drinking and other alcohol-related offenses are eligible for resolution through the Adjudication Alternative Program (AAP). Individuals accepted into AAP are required to complete community service and participate in an alcohol education program.
Benefits of AAP
Successful completion of AAP will result in dismissal of the underage drinking case. AAP participants are also eligible for expungement of the police and court records of their case. I can determine if your case qualifies for diversion from the court process through AAP or through other local first-time offender programs.
Other Common Underage Alcohol-Related Offenses
Carrying a False Identification Card in PA
Under 18 Pa C.S.A § 6310.3, the offense of carrying a false identification card is defined in part as:
- A person commits the crime of carrying a false identification card if he or she, being under 21 years of age, possesses an identification card falsely identifying that person by name, age, date of birth or photograph as being 21 years of age or older or obtains or attempts to obtain liquor or malt or brewed beverages by using the identification card of another or by using an identification card that has not been lawfully issued to or in the name of that person who possesses that card.
Penalties for Carrying a False Identification Card
- 1st offense
- Summary offense
- Up to $300 in fines
- Up to 90 days in jail
- 2nd offense
- 3rd degree misdemeanor
- Up to $500 in fines
- Up to 1 year in jail
- 3rd and subsequent offenses
- 3rd degree misdemeanor
- Up to $500 in fines
- Up to 1 year in jail
Misrepresentation of Age to Secure Liquor
Under 18 Pa. C.S.A. § 6307, the offense of misrepresentation of age to secure liquor or malt or brewed beverages is defined in part as:
- A person commits the crime of misrepresentation of age to secure liquor if he or she, being under 21 years of age, knowingly and falsely represents himself or herself to be to be 21 years of age or older to any licensed dealer, distributor or other person, for the purpose of procuring or having furnished to him or her any liquor or malt or brewed beverages.
Penalties for Misrepresentation of Age to Secure Liquor
- 1st offense
- Summary offense
- Up to $500 in fines
- Up to 90 days in jail
- 2nd offense
- 3rd degree misdemeanor
- Up to $500 in fines
- Up to 1 year in jail
- 3rd and subsequent offenses
- 3rd degree misdemeanor
- Up to $500 in fines
- Up to 1 year in jail
Public Drunkenness
Under 18 Pa. C.S.A. § 5505, public drunkenness is defined in part as:
- A person commits the crime of public drunkenness if he or she appears in any place manifestly under the influence of alcohol or a controlled substance as defined under the Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act, to the degree that he or she may endanger himself or herself or other persons or property or annoy persons in his or her vicinity.
Penalties for Public Drunkenness
- First offense
- Summary offense
- Up to $500 in fines
- Up to 90 days in jail
- 2nd and subsequent offenses
- Summary offense
- Up to $1,000 in fines
- Up to 90 days in jail
Start with a Strong Defense
If you have been charged with underage drinking or other alcohol-related offenses in Bucks County, Montgomery County or the surrounding counties, it is critical to act quickly to protect your rights and build the strongest possible defense against the charges. I understand the harsh consequences that can result from a conviction or adjudication for underage drinking or other alcohol-related offenses.
I will fight to protect your reputation and your future. Phone lines are open 24 hours a day at (215) 752-5282. Contact me for a free initial consultation or fill out the confidential contact form for an immediate response.
