Legal Question in DUI Law in Pennsylvania

Re: underage drinking charges

The answer is no.

Pennsylvania does not have those provisional licenses. You should hire private counsel, as private counsel might be able to (1) secure you admission into a "probationary" program that, depending on your degree of intoxication, could have no license suspension; or (2) take the case to trial so that you have a chance of beating the charges. Call us if you like. No fee for a consultation.

Re: underage drinking charges

The short answer is no, but PA has a pretrial diversionary program available for first time offenders for underage drinking. The matter begins & ends with the District Justice. The problem you face is that you will lose your license for 90 days if you are (1) Convicted of underage drinking, (2) if the DJ sends notification to Penn Dot concerning your admission into the pretrial diversionary program.

Most DJ's do not know how powerful PennDot is. You need to make sure that if the DJ provides you the opportuntiy to earn a dismissal of the charges that nothing is reflected in the record so Penn Dot becomes aware of it. The DJ's staff will complete the paperwork electronically. If they "check the box" indicating that your case is postponed for completion of "underage drinking classes" then you will receive a letter in the mail from PennDot stating that you will lose your license. Penn Dot's position is that you will be unable to appeal the entry into the program because it is not a final order. There is no concrete answer as to who wins this argument.

There are many more pitfalls from which only an experienced practitioner can protect you. Please call or email for more advice.

Re: underage drinking charges

If it doesn't involve a vehicle, then you are most likely OK. This is what you want your attorney to ask for:

42 Pa.C.S. � 1520. Adjudication alternative program

(a) GENERAL RULE.-- Except for cases charging offenses under Titles 75 (relating to vehicles) and 34 (relating to game), the magisterial district judge may, upon hearing the facts of a case, admit to an appropriate adjudication alternative authorized by this section persons charged with summary offenses. The defendant shall not be required to plead guilty to be accepted by the district justice into the program. Acceptance of participation in an alternative authorized by this section shall be considered a first conviction for the purpose of computing whether a subsequent conviction of an offense shall be considered a second or subsequent conviction.

(b) PUBLIC SERVICE PROGRAMS AND OTHER ADJUDICATION ALTERNATIVES.-- A magisterial district judge may, in lieu of making a disposition, place an offender in an appropriate program in which a public service or charitable agency or organization or political subdivision agrees to assume supervisory responsibility for the offender. The program in general shall be approved by the court of common pleas having supervision over that magisterial district. This program may include work, counseling, public service, job training, education or other appropriate community service or self-improvement. The placement authorized by the magisterial district judge shall be appropriate to the offense charged and in the best interests of the community and the offender. The conditions of the program may include the imposition of costs and restitution, the imposition of a reasonable charge relating to the expense of administering the program and any other conditions agreed to by the offender.