Legal Question in DUI Law in Pennsylvania

minor with a driver's permit driving while adult is intoxicated

I have been having an argument with an aquaintance. Here is the scenario: a minor with a driver's permit is operating the vehicle. The legally licensed adult sitting in the passenger side is intoxicated. there is also another minor in the car with a driver's permit, along with another legally licensed adult who is also intoxicated. If stopped by police, the licensed adult in the passenger seat will be charged with DUI and the both of the minor's would loose their privelage to drive for a period of time. The second adult would have a penalty of some kind. Am I correct in my assumptions?


Asked on 2/05/05, 8:57 am

1 Answer from Attorneys
Mark Johns Mark Johns, Esquire

Re: minor with a driver's permit driving while adult is intoxicated

The only one who could face charges would be the minor driver for whatever violation the police officer stopped the vehicle for in the first place.

The doctrine of necessity would be an appropriate defense in that the harm of an intoxicated adult driving would outweight the harm of having a permitted minor drive.

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Answered on 2/05/05, 11:11 pm


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