A minor in Pennsylvania may not buy (or attempt to buy), possess, or knowingly and intentionally transport alcohol; or knowingly use false identification (or other misrepresentations) to obtain alcohol. (Penn. Stat. & Con. Stats. Section 6307(a)& 6308(a).) It is also illegal for a minor to work serving or handling alcohol in an establishment that is licensed to sell alcohol (for example, a bar or night club). (Penn. Stat. & Con. Stats. Section 44.) There are few exceptions to these rules.
Illegal alcohol possession
In addition to possible driver's license suspension (for all violations), second and subsequent convictions are subject to a fine of up to $500 (as decided by the judge). Having consumed alcohol in a jurisdiction other than the jurisdiction where the citation was given is not a defense to these penalties. Breaking one of these laws is a "summary offense," meaning that the minor is not entitled to have a jury trial to determine his guilt. Instead, a judge considers the facts and situation, and rules on a punishment within the guidelines described above. (Penn. Stat. & Con. Stats. Section 6308(a)&(b).)
Misrepresenting age
A minor who misrepresents the minor's age to buy or consume alcohol is guilty of a summary offense (for first violations). For second and subsequent violations, the minor may be charged with a misdemeanor of the third degree. In addition to possible driver's license suspension (for all violations), the judge may impose a fine of up to $500 for second and subsequent violations. For all violations, the judge may also rule that the minor is delinquent, and impose an additional fine of up to $500. (Penn. Stat. & Con. Stats. Section 6307(a) & (b).)
Cost of a DUI
The costs associated with an impaired driving arrest can vary greatly depending on several factors, including blood alcohol content, location of arrest, and number of offenses. The effect on a driver's wallet starts the moment they are stopped by police. Here are a few expenses associated with a DUI.
- Traffic fine: $300 - $10,000 depending on blood alcohol content and number of offenses
- Towing vehicle: $50 flat fee plus mileage
- Impound: $75-$175 per day
- Legal fees: $2,000-$8,000 or more
- Alcohol evaluation: $35-$100
- Accelerated rehabilitative disposition (ARD): $100-$1,800
- Education and treatment: $100-$1,000 or more
- License restoration: $25 non-commercial, $75 commercial
- Insurance premium: increase of about $1,000 a year or cancellation of policy
Apart from the financial aspects of a DUI arrest, there may also be social ramifications. Court appearances, community service requirements or jail time lead to lost time and lost wages — possibly job loss. A DUI conviction can also impede attempts to get a job, and cause embarrassment to your family.
Underage DUI
Pennsylvania's Zero Tolerance Law carries serious consequences for those under 21 who are convicted of driving with any amount of alcohol in their blood. For example, those under 21 who are convicted of driving under the influence with a .02 blood alcohol content, or greater, face severe penalties, including a 12-to 18-month license suspension, 48 hours to six months in jail, and fines from $500 to $5,000.
A vehicle does not have to be involved in order for those under 21 to lose their driving privileges. It is against the law for an individual under the age of 21 to consume, possesses or transport alcohol, or lie about their age to obtain alcohol and carry a fake identification card. If convicted, the minimum penalties are a fine of up to $500, plus court costs; a 90-day license suspension for the first offense; a one-year suspension for the second offense; and a two-year suspension for the third and subsequent offenses.
District of Columbia Laws
Age Limit: The District age limit for consumption, purchase, or possession of alcoholic beverages is 21 years of age. An exception for employees under age 21 exists which allows one to possess alcoholic beverages if it is necessary to perform lawful employment responsibilities. It is unlawful to falsely represent one's age or possess or present false identification in order to purchase alcoholic beverages or for the purpose of entering an establishment that sells liquor.
Thus, the language and structure of the ABC Act, as well as its legislative history, lead us to conclude that the possession of alcoholic by a person under twenty-one is punishable only by a civil fine as described in D.C. Code § 25-130 (b-2) and suspension of driving privileges under D.C. Code § 25-130 (c), and is not a criminal offense.
In response to this decision, in July of 2004 the DC Council adopted emergency legislation making possession or drinking when under age 21 a civil as opposed to a criminal offense. This is codified at D.C. Code Ann. § 25-1002 (c) (4)(D).
False representation of age and fraudulent use of an ID are still misdemeanors under the code.
Violations of these laws will subject one to a fine of not more than $300 and to revocation of driving privileges in the District for 90 days upon the first offense, $600 and 180 days for the second, and $1,000 and one (1) year for a third violation. For the penalties and further treatment see D.C. Code Ann. § 25-1002.
See 18 U.S.C. § 1028 for federal criminal penalties in connection with a false ID.
No licensee may permit minors to sell, give, furnish or distribute any alcoholic beverages. However, an individual at least 18 years old may sell, serve, or deliver the beverages on a licensed premise, but may not serve as a bartender. A bartender is defined as one who fixes, mixes, makes, or concocts the alcoholic beverages. See D.C. Code Ann. §§ 25-784(a) and (b).
Recordkeeping is required. DC Code 25-773.
Penalties for license violations regarding proof of age: A first violation will result in a fine between $1,000 and $2,000, or a suspended license for 10 consecutive days. A second violation will result in a fine between $2,000 and $4,000 and a suspended license for 20 consecutive days. Upon a third violation, a fine between $4,000 and $10,000 will be issued and a suspended license for 30 days, or a revocation of the license. The Alcohol Beverage Control Division will post a notice on the premises regarding any suspension or revocation of a license and the reason for it. See D.C. Code Ann. §§ 25-1002(d) and (e).
Operation of motor vehicles, etc.: One may not be intoxicated and operate a train (as conductor or brakeman), streetcar, elevator, watercraft, or horse drawn vehicle. Penalties include a fine of no more than $300, imprisonment for no longer than three (3) months, or both. See D.C. Code Ann. § 25-1009.