PENNSYLVANIA UNDERAGE DRINKING LAWYER

If you or your son or daughter received an underage drinking citation in PA, criminal defense attorney David Lampman can help. To start, it is important that you stay calm and keep this incident in perspective. Pennsylvania's underage drinking law has serious consequences; however, with the help of an experienced criminal lawyer the penalties can be minimized and the accused can move on with their life. It can also be an opportunity to learn a valuable lesson that cannot be as effectively taught in school-the law applies to everyone-even those with good SAT scores and bright futures.

I am eager to help you and confident that I will help resolve these charges in a manner that is favorable to you and will help you move forward with your life. If you decide to hire me I will carefully listen to your side of the story, personally answer your calls, return calls promptly, and will personally handle all aspects of your underage drinking case with careful attention to every detail. Call me today at 570-371-3737 and I will start working on your case.

PENNSYLVANIA UNDERAGE DRINKING LAWS

An underage drinking conviction has the following consequences:

  1. Suspension of Driver's License (If no driver's license, the offender cannot apply for the applicable suspension period).

    First Conviction - 90 Days
    Second Conviction - 1 Year
    Third & Subsequent Convictions - 2 Years

  2. Fine

    First Conviction - $300.00 maximum (plus court costs)
    Second Conviction and Subsequent Convictions - $500.00 maximum (plus court costs)

  3. Jail

    Up to 90 days in jail is possible; however, jail time is very rare.

  4. Notification of parents/guardians if under age 18.

    Option for Accelerated Expungement

If you are convicted of underage drinking in PA you can petition the court to expunge your record once you turn 21 years old and have satisfied the terms of the sentence.

POSSIBLE DISPOSITION OPTIONS FOR PENNSYLVANIA UNDERAGE DRINKING CHARGES

Adjudication Alternative Program - Usually the Best Option

First time underage drinking or disorderly conduct defendants in Pennsylvania may be eligible for the adjudication alternative program. This option is similar to the ARD program. With this option the defendant is not required to plead guilty. Instead, the court will order one or a combination of the following punishments:

  • Community Service
  • Alcohol-Education Classes
  • Any other reasonable punishment judge feels fit

Once the defendant successfully completes the terms of the program the court is required to dismiss the charges. As noted this does not require a guilty plea and is not a conviction so there is no criminal record. Furthermore, because there is not a conviction, the fines are also waived.

Pleading to Disorderly Conduct

Pleading guilty to disorderly conduct is often an option to resolve an underage drinking citation in Pennsylvania. The chief advantage of this approach is that disorderly conduct does not include the automatic driver's license suspension. In other words, it is a way of avoiding the loss (or delay) of driving privileges. While the fines and exposure to jail time is similar if not identical to underage drinking, disorderly conduct convictions are not as expunge as swiftly. Once convicted of disorderly conduct one must wait five years before petitioning for expungement in Pennsylvania.

Summary Conviction Appeal

Any summary conviction, including underage drinking and/or disorderly conduct convictions, can be appealed. In other words, if you are not pleased with the Magisterial District Judge decision, there is a right to appeal the decision to The Court of Common Pleas.

PENNSYLVANIA'S UNDERAGE DRINKING STATUTE

§ 6309. Purchase, consumption, possession or transportation of liquor or malt or brewed beverages.

  1. Offense Defined. 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, as defined in section 6310.6 (relating to definitions). For the purposes of this section, it shall 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.
  2. Penalty. In addition to the penalty imposed pursuant to section 6310.4 (relating to restriction of operating privileges), a person convicted of violating subsection (a) may be sentenced to pay a fine of not more than $500 for the second and each subsequent violation.
  3. Preadjudication Disposition.
    1. When a person is charged with violating subsection (a), the magisterial district judge may admit the offender to the adjudication alternative as authorized in 42 Pa.C.S. § 1520 (relating to adjudication alternative program) or any other preadjudication disposition if the offender has not previously received a preadjudication disposition for violating subsection (a).
    2. The use of a preadjudication disposition shall be considered a first or subsequent offense, whichever is applicable, for the purpose of further adjudication under this section or under section 6310.4.
  4. Notification. The police department making an arrest for a suspected violation of subsection (a) shall so notify the parents or guardian of the minor charged.
  5. Exception for Compliance Checks.
    1. An individual who is under 21 years of age may purchase, attempt to purchase, possess or transport liquor or malt or brewed beverages if all of the following apply:
      1. The individual is at least 18 years of age.
      2. The individual is an officer, employee or intern of the Bureau of Liquor Control Enforcement of the Pennsylvania State Police.
      3. The individual has completed training specified by the bureau.
      4. The individual is acting within the scope of prescribed duties.
      5. The individual is acting under the direct control or supervision of a bureau officer who is an adult.
    2. Under no circumstances may individuals under 21 years of age consume liquor or malt or brewed beverages.
    3. The Pennsylvania State Police shall promulgate regulations prescribing the manner in which compliance checks are to be performed. Compliance checks under this subsection shall be conducted in a manner consistent with the regulations. Regulations shall require, at a minimum, all of the following:
      1. Prior to participation in the compliance check, the officer, employee or intern shall undergo training approved by the Bureau of Liquor Control Enforcement.
      2. A person licensed to sell liquor or malt or brewed beverages that is found to be in compliance with this section during a compliance check shall be notified in writing of the compliance check and the determination of compliance.
      3. A person licensed to sell liquor or malt or brewed beverages that is found to be noncompliant with this section during a compliance check shall be immediately verbally advised by the supervising bureau officer and shall be notified in writing of the failure to comply within ten working days of the date of the compliance check.

IF ARRESTED WITH UNDERAGE DRINKING IN PA YOU NEED A CRIMINAL DEFENSE LAWYER

If you or your child has been arrested with a PA underage drinking citation it is extremely important to immediately hire an experienced Pennsylvania criminal defense attorney. It is important to hire a criminal lawyer as soon as possible so that the lawyer can help you preserve your legal rights, the evidence to support your defense, as well as your liberty. Therefore, when choosing a lawyer you should look for an attorney whose primary practice is Criminal Defense because criminal law is complex and your rights are at risk.

HIRE PENNSYLVANIA UNDERAGE DRINKING LAYWER DAVID LAMPMAN

You should look for an attorney, like myself, who is aggressive, honest and caring, and who has extensive experience defending underage drinking cases and with the local criminal justice system. As a criminal defense lawyer I have defended cases ranging from minor traffic violations and first time Drug and DUI charges to first-degree murder cases. I am in the local criminal courts on a daily basis and maintain a positive relationship with the District Attorney's Office, the local police, and I have appeared in court before the local county judges on countless occasions. Moreover, I enjoy representing the accused because I am passionate about fighting for people's constitutional rights. Most importantly, I have had serious criminal cases dismissed and won at jury trial.

Please contact me at 570-371-3737 if you have any questions. I would like to discuss your case with you and meet you in person. I offer a free consultation and can visit you upon your request. My fees for underage drinking cases are very reasonable and payment plans (including credit card payment) can be arranged.