Legal Question in Criminal Law in Pennsylvania

Public Drunkenness and not Underage Drinking

I was recently charged with public drunkenness and not underage drinking even though I am not 21 years of age. The arresting officer saw us on private property and proceeded to issue this citation. The officer advised me to plead not guilty. What happens from here. Can I still be charged with underage drinking at a later time even though the officer did not write out that citation. Will this be on my record? Basically I am curious as to what happens now.


Asked on 7/05/08, 11:59 pm

1 Answer from Attorneys
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Public Drunkenness and not Underage Drinking

Theoretically you could be charged at a later time for underage drinking. But if the officer has only charged you with public drunkenness, he has already given you a break (no license suspension with public drunkenness). So, if he's already in the mood to give you a break, it's probably unlikely that he'll charge you with a greater offense.

If he told you to plead not guilty, that's further indication that he may want to cut you a break, because public drunkenness doesn't apply to private property.

However, given that he could have charged you with underage, you should consider having already received a huge break when you decide whether to plead guilty or not guilty.

Public drunkenness is a summary offense, so it is not really considered a conviction for most purposes. It's more like a traffic ticket.

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Answered on 7/07/08, 3:53 am


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