Legal Question in DUI Law in Pennsylvania

Underage Drinking violation

I was recently cited for an underage drinking violation at a party in which I refused to take the breathalyzer. From what I understand being around open containers of alcohol and even smelling like it is not enough evidence for conviction. Please let me know if this is correct and where I can find more information on the subject. thank you.


Asked on 5/28/07, 1:06 pm

1 Answer from Attorneys
John Gibson John W. Gibson, Esquire

Re: Underage Drinking violation

If I understand your question correctly, you refused to take a breathalyzer which the police requested merely to show your blood alcohol level to support a charge of underage drinking. If that's the case, then the police officer's observations may be sufficient to support a conviction for the summary offense of underage drinking depending upon the Magisterial District Judge and the circumstances.

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Answered on 5/29/07, 1:23 pm


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