Underage drinking

Underage drinking in Pennsylvania can carry some rather significant consequences including fines, loss of license, and even incarceration. Furthermore, an underage drinking conviction on your record can hurt your chances for job applications, etc. in the future. That is why hiring an attorney with substantial experience in this area can be so important.

In Pennsylvania, the “underage drinking” statute prohibits people under 21 years old from:

• purchasing
• trying to purchase
• consuming
• possessing
• or knowingly transporting any beverage that contains half of a percent (0.50%) of alcohol-by-volume (a/b/v). Individuals under 21 should know that even some “non-alcoholic” drinks like O’Doul’s have 0.50% alcohol-by-volume.

Police will often use a handheld breathalyzer to provide evidence of underage drinking. These handheld breathalyzers are not scientifically accurate enough to be admitted in DUI cases where the exact level of intoxication is important, but can be used to show that some level of alcohol is present in the person tested. It is then often up to the person charged to prove that such a result was not the result of an illegal consumption of alcohol, but rather that something else like prescription cough syrup caused the “positive” breathalyzer result. Police can issue you a citation for underage drinking in person or through the mail. If you are not very drunk, being violent or disorderly – a police officer cannot place you under arrest for suspected underage drinking. Upon receiving the citation, you have only 10 days to respond, and you should consult with an attorney before you do so.

If you are convicted of Underage Drinking (first offense), you face:

• A 90-day Suspension of Driver’s License
• A fine of up to $300 plus court costs
• Up to 90 days in jail (extremely rare)
• Notification of parents/guardians if under age 18

Your license can be suspended for 1 year for a second conviction and 2 years for further convictions. The fine for second and further convictions also increases to $500 plus court costs. If you don’t have a driver’s license when you are convicted, you will be prohibited from applying for a learner’s permit for the period of time your license would have been suspended had you had a license.

For a first offense, the court may also, either on its own or upon request of the defendant, order that the defendant is placed in an “adjudication alternative program.”

This does not require you to plead guilty, but will involve one or more of the following punishments:

• Community service
• Alcohol-educationclasses
• Any other reasonable punishment the judge feels fit

Upon completing whatever punishment the judge imposed, the court is required to dismiss the charges and you will not have to pay fines or costs. However, your license is still supposed to be suspended, and any subsequent charge of underage drinking will count as a second offense, even though the first charge was dismissed.

False IDs

Individuals under 21 years old who are caught with a fake identification card, use a fake ID to buy or attempt to buy alcohol, or verbally communicate to someone that they are 21 or older to buy alcohol may be charged with one of these crimes:

• Misrepresentation of age to secure liquor or malt or brewed beverages (18 PA CSA §6307)
• Carrying a false identification card (18 PA CSA §6310.3)

False identification includes using or possessing another person’s ID who is of legal age or using or possessing an ID with false age, name and/or birth date information.

First offenses for violating the state’s fake ID laws are summary offenses and generally are punishable only by a fine. Subsequent offenses, however, are third degree misdemeanors and carry increased penalties.

Penalties for violating these laws include:

• $300 fine for a first offense
• $500 fine for a second or subsequent offense
• Up to 90 days in jail
• Loss of driving privileges for 90 days for a first offense, one year for a second offense and two years for a third offense

In addition, having a conviction for false identification on your record can have a negative impact on your future employment possibilities, raising a “red flag” for certain specific professions that will prevent you from even getting an interview for the position. That’s why you want to take this charge very seriously and utilize the services of a law firm with experience in this area.

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593 Bethlehem Pike,
Montgomeryville, PA 18936

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