Reasonable people disagree over whether the minimum drinking age is the best way to handle drinking among young people. Many people argue that parents, not the government, should decide when it's appropriate for young people to drink. Others believe that safe, appropriate alcohol consumption is something people learn over time, so having an abrupt start date of 21 puts people at risk for overconsumption. Still others point out that so many young people drink that it's perverse to criminalize the behavior.
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 Pennsylvania Criminal Defense, it is a crime of Underage Drinking for anyone under the age of 21 to consume, possess, purchase, or transport alcohol. This crime of Underage Drinking is known as purchase, consumption, possession or transportation of liquor or malt or brewed beverages, commonly referred to as underage drinking in Criminal Defense cases. Criminal Defense Criminal Mischief According to the Pennsylvania Crimes Code, a person commits this crime if he, being less than 21 years of age, attempts to purchase, purchases, consumes, possess or knowingly and intentionally transports any liquor or malt or brewed beverages. Whether you are drinking alcohol or have it on your person, if you are under the age of 21 it is illegal. If you are a minor and you are arrested on underage charges, the police department who arrested you is required by law to notify your parents or guardians of the charges. If you commit purchase, consumption, possession or transportation of liquor or malt or brewed beverages, you are committing a summary offense. If you are found guilty, you may be sentenced to pay a fine of up to $500 for your first violation and up to $1,000 for the second and each subsequent violation. In addition to fines, you will also lose your driver's license. For the first offense, you will lose your operating privilege for a period of 90 days. For the second offense, you will lose your operating privilege for a period of one year. For the third offense, you will lose your operating privilege for a period of two years. There are some exceptions to this statute that protect you from being charged with this crime under certain circumstances.
Portable Breath Tests. Anyone who has been a suspect or a Defendant in a Driving Under the Influence (read more about Pennsylvania DUI Charge here), or Underage Drinking (read more about Underage Drinking Charge here) case knows what the Portable Breath Test is. Almost all individuals charged with one of these crimes, recalls when the officer produced the hand held device that they were asked to blow in right before the police officer placed them in handcuffs.