Legal Question in DUI Law in Pennsylvania

Underage drinking

If a pennsylvania resident under the age of 21 gets caught drinking in PA, what are the consequences and in what manner are the police supposed to handle the situation? Also, if given an underage citation, should an attorney be present at the hearing if pleading not guilty? I ask these questions because at a picnic over the weekend, and i do mean picnic, was ransacked by local police and 4 of us were under 21, two were not drinking and two were. I blew a .04, which i was not informed of, while the other minor was much higher and taken into custody for giving a false ID. I wasn't taken anywhere i was just given a citation and told by the officer to ''pleade not guilty and they would see what they could do, maybe a disorderly conduct.'' Im just confused because im not sure what the basis was for the get together getting ransacked in the manner it was as well as for the police to handle it in such a poor manner with the final note being i was realsed into the custody of another minor present at the party but who passed with a zero zero breathalizer. Its hard to find PA laws i just need a little advice to know what to do, but the worst part is i'm a senior in college with three months to go untill i turn 21.

Sincerely

stuck in PA


Asked on 7/27/04, 3:19 am

1 Answer from Attorneys
Matthew Schelkopf Chimicles & Tikellis

Re: Underage drinking

There may a suppression issue depending on where the picnic was held. Underage drinking in PA results in PennDot suspending your license for approximately 3 months, not to mention the fine and alcohol classes. Your best bet would be to plead guilty to a disorderly conduct under 5503. As a former prosecutor, this will not affect your driving privileges. Also, PA has the strict .02% limit for those under 21, while those over 21 have a .08% for DUI conviction. Should you need an attorney in this matter please feel free to email me or contact my office. [email protected]

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Answered on 7/27/04, 9:52 am


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