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Defenses to Underage Drinking

In Pennsylvania, the crime of Underage Drinking is called Purchase, consumption, possession or transportation of liquor or malt or brewed beverages and appears under Title 18 Pa. C.S. 6308. carrying a fake ID There are a number of defenses to the charge of underage drinking, but before we review all of these defenses to the charge of underage drinking, it is helpful to review what the government must prove beyond a reasonable doubt. Please remember to retain the services of an experienced Chester County underage drinking attorney if you have been charged with this crime.

In order to be found guilty of this crime, the government must prove that the accused is less than 21 years of age, attempts to purchase, purchases, consumes, possesses or knowingly moves any liquor or alcohol, as defined in section 6310.6 of the Pennsylvania Crimes Code. The penalty for committing this crime is that a person convicted of violating subsection this underage drinking statute may be sentenced to pay a fine of not more than $500 for the first violation and not more than $1,000 for the second and each subsequent time he is convicted of the crime. Accordingly, a person can be convicted if it is proven that he does one of the following with alcohol:

  • purchasing,
  • trying to purchase,
  • consuming (drinking),
  • possessing,
  • or knowingly transporting:

Defense to the crime of underage drinking are numerous. First it is important to remember that PBT's (portable breath test) results are inadmissible in Pennsylvania.  DUI 4th offense Additionally, even though the charge of underage drinking is graded as a summary offense, an accused still has a right to file a Motion to Suppress the evidence seized from him or her by law enforcement. Specifically an accused still has his right to protection against unreasonable search and seizures for evidence (alcohol etc)

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Phone: 610-314-7066
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