If you have been cited with underage drinking or possessing a fake ID, we can help. Our award-winning Philadelphia defense attorneys can help your son or daughter avoid the long-term consequences of a conviction for underage drinking.
Philadelphia Lawyer Defending Against Underage Drinking Charges in Philadelphia, PA & NJ
Fighting Philadelphia, PA Underage Drinking Charges
The Philadelphia criminal defense lawyers of Goldstein Mehta LLC can help you or your son or daughter with underage drinking charges. We regularly defend clients in both Pennsylvania and New Jersey, including in the Philadelphia Municipal Court as well as the Magisterial District Courts in Delaware, Chester, Bucks, and Montgomery Counties. Our experienced criminal defense attorneys have had tremendous success in defending clients against underage drinking charges as well as in other summary cases. If you or your loved one has been cited for underage drinking, call 267-225-2545 for a free 15-minute criminal defense strategy session.
Pennsylvania Underage Drinking Laws
Under Pennsylvania law, it is illegal for someone under 21 to:
buy or try to buy alcohol,
consume alcohol,
possess alcohol, or
transport alcohol.
This includes beer, wine, and liquor.
The law defines alcohol as any liquor, malt, or brewed beverage containing .50 percent or more alcohol by volume. Because underage drinking is a summary offense, underage drinking cases in Philadelphia are heard in the Philadelphia Municipal Court. In the suburban counties, they are heard by Magisterial District Justices.
Penalties for Underage Drinking in Pennsylvania
Am I going to lose my driver's license for underage drinking in Pennsylvania?
No. Although a conviction for underage drinking previously required a driver’s license suspension, the Pennsylvania Legislature recently amended the law to eliminate this mandatory suspension. Therefore, a first-offense conviction for underage drinking will no longer result in a driver’s license suspension. However, there are other consequences of a conviction, including:
Pennsylvania law makes underage drinking a summary offense punishable by a $500 fine for a first offense and an increased fine of $1,000 for a second or subsequent offense.
Summary offenses in Pennsylvania count as criminal convictions and can lead to having a permanent criminal record.
Summary offenses are not as serious as misdemeanors or felonies, but many colleges and employers still require applicants to disclose arrests and convictions.
A citation for underage drinking may show up on a criminal background check, and many schools and professional licensing boards may require disclosure of a conviction.
Is Underage Drinking a crime, or is it just a ticket?
Underage drinking is a summary offense, and all summary offenses are technically criminal violations under Pennsylvania law. This means that despite the fact that underage drinking is extremely common, underage drinking does count as a crime. A conviction for underage drinking could show up on a criminal background check. As with any criminal conviction, there can be significant collateral consequences in terms of future employment, professional licensing, and college admissions. Therefore, it is critically important that you retain an experienced defense attorney if you or your child are facing an underage drinking charge. We may be able to help you avoid the high fines and collateral consequences that could result from a conviction. Most importantly, we can help keep underage drinking citations off of your permanent record so that you do not have issues in applying to jobs or educational programs in the future.
Do I need a lawyer for an underage drinking citation in Philadelphia?
Anytime you are cited or arrested and charged with a criminal offense, it is a good idea to speak with an attorney before going to court by yourself. This is true even if the offense is a summary like underage drinking, possession of a fake ID, or retail theft. After speaking with an attorney, you may decide that you can handle a summary citation on your own, but it is best to get some advice on your own situation before you decide what to do. Even if you are eligible for and plan to accept a diversionary program, an experienced attorney can help make sure that things go smoothly, you know what to expect, and that the charges are successfully expunged. An attorney may also be able to help you avoid having to go to court, get the court date rescheduled if necessary, or cover for you in the event of a last minute emergency. We offer a free 15 minute criminal defense strategy session to any potential client.
Will the police tell my parents about an underage drinking citation?
Yes, but only if you are a minor. Section 6308 requires the police to notify the parents or guardian of any minor charged under the statute. If you are a college student, the college may tell your parents.
Can I fight the citation instead of just paying the fine?
Yes. Paying the fine acts as a guilty plea and creates a criminal record. You can contest the citation, and an attorney can raise defenses or seek a diversionary program that avoids a conviction.
Will my child go to jail for underage drinking?
Section 6308 provides for a fine rather than a jail sentence, up to $500 for a first offense. The more lasting concern is the criminal record, which is why we work to keep the citation off your record.
Does an underage drinking citation show up on a background check?
Yes. A conviction is a summary criminal conviction and can appear on a background check, so an outcome that allows for expungement is almost always the goal.
Defenses to Underage Drinking Charges
Zak T. Goldstein, Esq - Defense Lawyer for Underage Drinking Charges
Although the underage drinking statute is fairly straight-forward, you should not automatically assume that there are no defenses to underage drinking and that you are going to lose your driver's license.
First, there are often pre-trial diversionary programs available to minors who are charged with this summary offense. Depending on the case, our criminal lawyers may be able to negotiate with the prosecution a client to be admitted into a pre-trial diversionary program and avoid a conviction. These programs typically involve completing a few hours of community service and paying a small fine in exchange for the dismissal and expungement of the charges. If you live or attend school out of state, our defense attorneys may even be able to go to court for you so that you do not have to miss work or class or incur travel expenses.
Second, just as with any other offense, the government must prove that the defendant committed the crime of underage drinking beyond a reasonable doubt. Therefore, if a diversionary program is not an option or not advisable, our lawyers will closely work with you to determine whether there are potential defenses at trial such as challenging the credibility of the government's witnesses or the sufficiency of the evidence. Our criminal defense lawyers are well-versed in fighting the Commonwealth's evidence even in summary cases. In some cases, we may even be able to challenge whether the police followed the law when detaining and investigating the client. If they did not follow the requirements of the Pennsylvania or United States Constitutions, the evidence or case could be thrown out. Most importantly, we will fight to protect your record and driver's license from underage drinking charges.
Can an Underage Drinking Citation Be Expunged in Pennsylvania?
In many cases, yes. If you complete a diversionary program, the charge can usually be expunged once the program ends. Even after a conviction, Pennsylvania law allows many people to expunge a summary offense such as underage drinking after a period with no further arrest or prosecution. Expungement removes the citation from your public record, which matters when schools, employers, and licensing boards ask about your history. Our attorneys prepare and file the entire expungement petition for you.
What Happens in Philadelphia Municipal Court on an Underage Drinking Citation?
Because underage drinking is a summary offense, the Philadelphia Municipal Court hears your case rather than the Court of Common Pleas. In the suburban counties, a Magisterial District Judge handles it. At the hearing, the Commonwealth must prove the charge beyond a reasonable doubt, usually through the testimony of the officer who issued the citation. If the evidence falls short, the court can dismiss the case. Before trial, our attorneys explore whether you qualify for a diversionary program. Section 6308 lets the judge admit an eligible offender to a preadjudication alternative, which typically involves community service and a small fine in exchange for dismissal. Completing that kind of program usually opens the door to expunge the citation.
Underage Drinking Charges for College Students in Philadelphia
Philadelphia and its suburbs are home to Temple, Drexel, the University of Pennsylvania, Saint Joseph’s, La Salle, Villanova, and dozens of other schools, and every year police cite students during move-in weekends, sporting events, and parties near campus. For a student, the citation is rarely just about the fine. A summary conviction can prompt a report to the university, put financial aid and scholarships at risk, complicate graduate school and professional licensing applications, and surface on background checks for internships and jobs. Students who attend school out of state face an added burden, because a court date may mean traveling back to Pennsylvania. In many cases, our attorneys can appear on your behalf so you do not miss class or work. Call 267-225-2545 for a free 15-minute strategy session.
We Can Help with Underage Drinking Cases
If you are facing charges for underage drinking in Pennsylvania or New Jersey, you should speak with a Philadelphia criminal defense lawyer. Call 267-225-2545 today for a free 15-minute criminal defense strategy session to discuss your case and begin building a defense.
