If you've been charged for underage drinking, you should know what you're up against. For the purposes of this article, we will discuss of the (1) underage drinking laws in the state of Pennsylvania, and (2) the penalties associated with this crime.
Underage Drinking Laws in Pennsylvania
Pennsylvania refers to the act of underage drinking as “minor in possession” in state statutes. Under this law, a broad span of actions exhibited specifically by people under the age of 21 is against the law. It is illegal for underage individuals to do the following:
- To consume alcohol
- To possess alcohol
- To buy, or attempt to buy alcohol, or
- To intentionally and knowingly transport alcohol
Not only does the law forbid underage individuals from possessing alcohol, it also criminalizes the methods in which underage people obtain alcohol. State law dictates that people under the age of 21 who are discovered to have used false identification or have misrepresented themselves in an attempt to acquire alcohol will be cited. Employers who allow underage residents to work in environments and spaces where alcohol is sold will also be penalized.
In some cases, the validity of a drink as an alcoholic beverage is challenged. In these circumstances, the courts will reference the definition of an alcoholic beverage in state statutes. It provides that any liquor, malt, or brewed beverage that contains at least .50% or more alcohol by volume will be deemed an alcoholic beverage. With this information in mind, it's safe to say that drinks that contain small amounts of alcohol, like beer and wine for example, could lead to to the conviction of an underage drinking charge.
Penalties
Pennsylvania has a “no tolerance” approach to underage drinking. As a result of this standpoint, the underage drinking penalties imposed in the Pennsylvania area considered some of the harshest in the nation. Even first-time offenders will be ordered to pay costly fines, endure a license suspension, and undergo a potential jail sentence. Here are the specific general penalties imposed upon defendants convicted of underage drinking charges:
First offense
- A maximum jail sentence at the Montgomery County Correctional Facility for up to 90 days
- A fine of up to $500
- License suspension for 90 days
Second Offense
- A maximum jail sentence of 90 days
- A fine of up to $1,000
- License suspension for one year
Third offense
- A maximum jail sentence of 90 days
- A fine of up to $1,000
- License suspension for two years
Montgomery County Criminal Defense Attorney
If your child has been charged with underage drinking or a related offense, it is important that you immediately contact an attorney. A knowledgeable legal professional will be able to assess your child's case and present you with viable legal options. Our Criminal Law Team has worked with underage clients who've acquired these charges, and we've been able to get their sentence reduced, and in some cases, get their charges completely dismissed. We can do the same for you. Contact us today for assistance at 888-535-3686.
