Penalties Associated with Underage Drinking

Has Your Child Been Arrested for Underage Drinking and/or Juvenile DUI? Know the underage drinking penalties in PA. Ensure that your child’s rights are protected with experienced Bucks County Juvenile DUI defense attorney Keith J. Williams!

Keith J. Williams Law understands that children and teenagers sometimes use bad judgment and make mistakes and will work aggressively to defend these charges so that your child won’t have to live with the consequences of a youthful mistake for the rest of their lives.

Below are the most common offenses and penalties associated with underage drinking in Pennsylvania as well as those related to charges of furnishing alcohol to minors.

PA CRIMES CODE

Public Drunkenness

TITLE 18, SECTION 5505

A person is guilty of a summary offense if he appears in any public place manifestly under the influence of alcohol to the degree that he may endanger himself or other persons or property or annoy persons in his vicinity.

PENALTY	1ST OFFENSE	2ND OFFENSE	SUBSEQUENT OFFENSE
FINE	0 – $300	0 – $300	0 – $300
JAIL	0 – 90 days	0 – 90 days	0 – 90 days

Misrepresentation of Age to Secure Liquor or Malt or Brewed Beverages

TITLE 18, SECTION 6307

A person is guilty of a summary offense for a 1st violation and a misdemeanor of the 3rd degree for any subsequent violations if he being under the age of 21 years, knowingly and falsely represents himself 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, any liquor or malt or brewed beverages.

PENALTY	1ST OFFENSE	2ND OFFENSE	SUBSEQUENT OFFENSE
FINE	0 – $300	0 – $300	0 – $300
JAIL	0 – 90 days	0 – 90 days	0 – 90 days
LICENSE SUSPENSION	90 days	1 year	2 years

Purchase, Consumption, Possession or Transportation of Liquor or Malt or Brewed Beverages

TITLE 18, SECTION 6308

A person commits a summary offense if he, 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.

PENALTY	1ST OFFENSE	2ND OFFENSE	SUBSEQUENT OFFENSE
FINE	0 – $300	0 – $500	0 – $500
JAIL	48 hrs – 6 months	30 days – 6 months	90 days – 5 years
LICENSE SUSPENSION	12 months	12 months	18 months
NOTIFY PARENT	yes	yes	yes

Representing That a Minor is “of Age”

TITLE 18, SECTION 6309

A person is guilty of a misdemeanor of the third degree if he knowingly, willfully and falsely represents to any licensed dealer, or other person, any minor to be of full age, for the purpose of inducing [that] person to sell or furnish any liquor or malt or brewed beverages to the minor.

PENALTY	1ST OFFENSE	2ND OFFENSE	SUBSEQUENT OFFENSE
FINE	$300 – $2,500	$300 – $2,500	$300 – $2,500
JAIL	0 – 1 year	30 days – 6 months	90 days – 5 years

Inducement of Minors to Buy Liquor or Malt or Brewed Beverages

TITLE 18, SECTION 6310

A person is guilty of a misdemeanor of the third degree if he knowingly, willfully and falsely represents to any licensed dealer, or other person, any minor to be of full age, for the purpose of inducing [that] person to sell or furnish any liquor or malt or brewed beverages to the minor.

PENALTY	1ST OFFENSE	2ND OFFENSE	SUBSEQUENT OFFENSE
FINE	$300 – $2,500	$300 – $2,500	$300 – $2,500
JAIL	0 – 1 year	0 – 1 year	0 – 1 year

Selling or Furnishing Liquor or Malt or Brewed Beverages to Minors

TITLE 18, SECTION 6310.1

A person is guilty of a misdemeanor of the third degree if he knowingly, willfully and falsely represents to any licensed dealer, or other person, any minor to be of full age, for the purpose of inducing [that] person to sell or furnish any liquor or malt or brewed beverages to the minor.

PENALTY	1ST OFFENSE	2ND OFFENSE	SUBSEQUENT OFFENSE
FINE	$1,000 – $2,500	$2,500	$2,500
JAIL	0 – 1 year	0 – 1 year	0 – 1 year

Manufacture or Sale of False Identification Card

TITLE 18, SECTION 6310.2

A person commits a misdemeanor of the second degree if he intentionally, knowingly or recklessly manufactures, makes, alters, sells or attempts to sell an identification card falsely representing the identity, birth date or age of another.

PENALTY	1ST OFFENSE	2ND OFFENSE	SUBSEQUENT OFFENSE
FINE	$1,000 – $5,000	$2,500 – $5,000	$2,500 – $5,000
JAIL	0 – 2 years	0 – 2 years	0 – 2 years

Carrying a False ID Card

TITLE 18, SECTION 6310.3

A person commits a summary offense for a first violation and a misdemeanor of the third degree for any subsequent violations if he, 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 and 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 the card.

PENALTY	1ST OFFENSE	2ND OFFENSE	SUBSEQUENT OFFENSE
FINE	$0 – $300	$0 – $500	$0 – $500
JAIL	0 – 90 days	0 – 1 year	0 – 1 year
LICENSE SUSPENSION	90 days	1 year	1 year
NOTIFY PARENT	yes	yes	yes

Selling or Furnishing Nonalcoholic Beverages to Persons Under 21

TITLE 18, SECTION 6310.7

A person commits a summary offense if he intentionally and knowingly sells or furnishes nonalcoholic beverages to any person under 21 years of age. As used in this section, the term “nonalcoholic beverage” means any beverage intended to be marketed or sold as nonalcoholic beer, wine, or liquor having some alcohol content but does not contain more than 0.5% alcohol by volume.

PENALTY	1ST OFFENSE	2ND OFFENSE	SUBSEQUENT OFFENSE
FINE	$0 – $300	$0 – $300	$0 – $300
JAIL	0 – 90 days	0 – 90 days	0 – 90 days

PA VEHICLE CODE

Minor Prohibited from Operating with any Alcohol in System

TITLE 75, SECTION 3718

Notwithstanding any other provision of this title, a minor shall not drive, operate or be in physical control of a motor vehicle while having any alcohol in his system. A person who violates this subsection commits a summary offense.

PENALTY	1ST OFFENSE	2ND OFFENSE	SUBSEQUENT OFFENSE
FINE	$100	$100	$100

DUI-Minors

TITLE 75, SECTION 3802(E)

A person commits a summary offense for a first violation and a misdemeanor of the third degree for any subsequent violations if he, 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 and 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 the card.

Note: DUI offenders less than 21 years old also face underage drinking charges and the accompanying penalties.

*CRN Evaluation: Refers to Court Reporting Network, an assessment tool.
**Ignition Interlock: 1 year (mandatory).
***D & A Assessment and Compliance: Mandatory Drug and Alcohol Assessment and compliance with D & A treatment as condition of sentencing.

PENALTY	1ST OFFENSE	2ND OFFENSE	SUBSEQUENT OFFENSE
FINE	$500 – $5,000	$750 – $5,000	$1,500 – $10,000
JAIL	48 hrs – 6 mo	30 days – 6 months	90 days – 5 years
LICENSE SUSPENSION	12 months	12 months	18 months
NOTIFY PARENT	yes	yes	yes
ADDITIONAL PENALTIES	Alcohol Safety School CRN Evaluation*	Alcohol Safety School CRN Evaluation* Ignition Interlock D&A Assessment & Compliance*	CRN Evaluation* Ignition Interlock D&A Assessment & Compliance*