Montgomery County Underage DUI

The Pennsylvania Department of Transportation (PennDOT) has been taking increased measure to lower the rate of vehicle accidents among younger drivers. Automobile accidents are the leading cause of fatalities in the age group of 16 to 24. Many of these crashes result from distracted driving, traveling at excessive speed, and operating under the influence of alcohol or drugs.

Underage Alcohol Consumption

The state has increased the penalties associated with underage drinking in recent years. A fine of up to $500 may now be imposed. Underage drinkers may now have their driver's license suspended for 90 days—even if not operating a vehicle at the time. Second-time offenders may now face a license suspension of one year.

Driving Under the Influence of Alcohol § 3802

Individuals are prohibited from driving, operating, or having “physical control of the movement of a vehicle” after consuming alcohol in a quantity that impairs safe operation. Adult drivers may not drive with a blood alcohol concentration (BAC) of .08%. This limitation for those under the legal drinking age is a BAC of .02.

Blood Alcohol Content BAC Levels[1]


General Impairment

.08% - .10%

High Level

.10% - .16%

Highest Level

Greater than .16%

For Minors


Understanding a BAC of .02%

According to the Indiana University of Pennsylvania, located approximately 60 miles east of Pittsburgh, most individuals will exceed the .02% level by having two drinks. At this BAC level, an individual may experience “lowering of brain functioning” and “impairment of judgment” and may be unable to safely operate a vehicle.

Using a BAC estimation tool we have calculated some examples:




Time Period

Estimated BAC


220 pounds

Two Drinks

One Hour



180 pounds

Two Drinks

One Hour



170 pounds

Two Drinks

Two Hours



130 pounds

One Drink

One Hour


Driving Under the Influence of a Controlled Substance

Motorists are prohibited from driving, operating, or guiding the motion of a motor vehicle when their blood contains a Schedule I, II or III controlled substance that is not prescribed by a physician. The same applies to metabolites (derivatives) of scheduled controlled substances.   The existence of “solvent or noxious” substances in the blood is also prohibited.

Penalties: Underage DUI

  • First Offense: Two days to six months in jail, a fine of between $500 and $5,000, and a 12-month loss of driving privileges
  • Second Offense: 30 days to six months in jail, a fine of between $750 and $5,000, and a 12-month loss of driving privileges
  • Third Offense: 90 days to five years in jail, a fine of between $1,500 and $10,000, and an 18-month loss of driving privileges

DUI Offenders Should Seek Legal Counsel

Even those convicted of a first-time underage DUI may face harsh penalties including jail time and a loss of driving privileges. Having an effective defense attorney representing you is important. Your attorney will review all the evidence against you and create a defense strategy. There may be alternative sentencing options or grounds for negotiation of the charges.

Montgomery County Attorney for Underage DUI Defense

Attorney Joseph D. Lento has been representing clients in cases involving underage alcohol consumption, DUI, and other offense for many years in Pennsylvania. You deserve to know that your rights will be protected. Contact the office today for a case evaluation at (888) 535-3686.


Contact Us Today!

Attorney Joseph D. Lento has more than a decade of experience successfully resolving clients' criminal charges in Philadelphia and the Pennsylvania counties. If you are having any uncertainties about what the future may hold for you or a loved one, contact the Lento Law Firm today! Criminal defense attorney Joseph D. Lento will go above and beyond the needs of any client, and will fight until the final bell rings.

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