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Alcohol Violations and Consequences
In order to better understand how the problem of underage drinking can affect an individual, we’ve put together this list of possible offenses and their correlating consequences. These excerpts are taken from the Pennsylvania Crimes Code - Title 18 and the Pennsylvania Vehicle Code - Title 75 and Title 30 relating to the operation of boats. Complete copies of these codes can be found in public libraries.
Please keep in mind that as of September 30, 2003, Pennsylvania law stipulates that .08% Blood Alcohol Content (BAC) is the legal limit for Driving Under the Influence (DUI) convictions for adults over 21; for minors under 21, .02% is the legal limit.
Click here for more information; updated 11-1-03
Disclaimer: This information is not intended to provide legal advice, but rather is provided for informational purposes only.
| 5505 |
Public Drunkenness
Section 5505 of the Pennsylvania Crimes Code (Title 18)
A person is guilty of a summary offense if he appears in any public place manifestly under the influence of alcohol... to the degree that he may endanger himself or other persons or property, or annoy persons in his vicinity.
| Penalty |
1st Offense |
| Fine |
0-$300 |
| Jail |
0-90 days |
|
6307 |
Misrepresentation of age to purchase liquor or malt or brewed beverages
Section 6307 of the Pennsylvania Crimes Code (Title 18)
A person is guilty of a summary offense for a first violation and a misdemeanor of the third degree for any subsequent violations if he/she being under the age of 21 years, knowingly and falsely represents himself to be 21 years of age or older to any licensed dealer, distributor, or other person, for the purpose of procuring or having furnished to him, any liquor or malt or brewed beverages.
| Penalty |
1st Offense |
2nd Offense |
Subsequent
Offenses |
| Fine |
0-$300 |
0-$500 |
0-$500 |
| Jail |
0-90 days |
1 year |
1 year |
| License Suspension |
90 days |
1 year |
2 years |
|
6308 |
Purchase, consumption, possession, or transportation of liquor or malt or brewed beverages by a minor
Section 6308 of the Pennsylvania Crimes Code (Title 18)
A person commits a summary offense if he/she, being less than 21 years of age, attempts to purchase, purchases, consumes, possesses, or knowingly and intentionally transports any liquor or malt or brewed beverages.
| Penalty |
1st Offense |
2nd Offense |
Subsequent
Offenses |
| Fine |
0-$300 |
0-$500 |
0-$500 |
| Jail |
0-90 days |
0-90 days |
0-90 days |
| License Suspension |
90 days |
1 year |
2 years |
|
6309 |
Representing to liquor dealers that a minor is of age
Section 6309 of the Pennsylvania Crimes Code (Title 18)
A person is guilty of a misdemeanor of the third degree if he/she knowingly, willfully and falsely represents to any licensed dealer or other person, any minor to be of full age, for the purpose of inducing [that] person to sell or furnish any liquor or malt or brewed beverages.
| Penalty |
|
Fine |
$300-$2500 |
| Jail |
0-1 year |
|
6310 |
Inducement of minors to buy liquor or malt or brewed beverages
Section 6310 of the Pennsylvania Crimes Code (Title 18)
A person is guilty of a misdemeanor of the third degree if he/she hires or requests or induces any minor to purchase, or offer to purchase, liquors or malt or brewed beverages from a duly licensed dealer for any purpose.
| Penalty |
|
| Fine |
$300-$2500 |
| Jail |
0-1 year |
|
6310.1 |
Selling or furnishing liquor or malt or brewed beverages to minors
Section 6310.1 of the Pennsylvania Crimes Code (Title 18)
A person commits a misdemeanor of the third degree if he/she intentionally and knowingly sells or... furnishes or purchases with the intent to sell or furnish any liquor or malt or brewed beverages to persons less than 21 years of age.
This section does not apply to any religious service or ceremony which may be conducted in a private home or a place of worship where the amount of wine served does not exceed the amount reasonable, customarily, and traditionally required as an integral part of the service or ceremony.
| Penalty |
1st Offense |
2nd Offense and
Subsequent Offenses |
| Fine |
$1000-$2500 |
$2500 |
| Jail |
0-1 year |
0-1 year |
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6310.2 |
Manufacture or sale of false identification card
Section 6310.2 of the Pennsylvania Crimes Code (Title 18)
A person commits a misdemeanor of the second degree if he intentionally, knowingly, or recklessly manufactures, makes, alters, sells, or attempts to sell an identification card falsely representing the identity, birth date, or age of another.
| Penalty |
1st Offense |
2nd Offense and
Subsequent Offenses |
| Fine |
$1000-$2500 |
$2500 - $5000 |
| Jail |
0-2 years |
0-2 years |
|
6310.3 |
Carrying a false ID
Section 6310.3 of the Pennsylvania Crimes Code (Title 18)
A person commits a summary offense for a first violation and a misdemeanor of the third degree for subsequent violations if he/she, being under 21, possesses an identification card falsely identifying that person by name, age, date of birth, or photograph as being 21 years or age or older or obtains or attempts to obtain liquor or malt or brewed beverages by using the identification card of another or by using an identification card that has not been lawfully issued to or in the name of that person who possesses the card.
| Penalty |
1st Offense |
2nd Offense |
Subsequent
Offenses |
| Fine |
0-$300 |
0-$500 |
0-$500 |
| Jail |
0-90 days |
0-1 year |
0-1 year |
| License Suspension |
90 days |
1 year |
2 years |
Parental Notification
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6310.7 |
Selling or furnishing nonalcoholic beverages to persons under 21
Section 6310.7 of the Pennsylvania Crimes Code (Title 18)
A person commits a summary offense if he intentionally and knowingly sells or furnishes nonalcoholic beverages to any person under 21 years of age.
As used in this section, the term "nonalcoholic beverage" means any beverage intended to be marketed or sold as nonalcoholic beer, wine or liquor having some alcohol content but not containing more than 0.5% alcohol by volume.
| Penalty |
|
| Fine |
0-$300 |
| Jail |
0-90 days |
|
7513 |
Restriction on alcoholic beverages
Section 7513 of the Pennsylvania Crimes Code (Title 18)
It is unlawful for any person who is an operator or an occupant in any motor vehicle to be in possession of an open alcoholic beverage container or to consume any alcoholic beverage or controlled substance in a motor vehicle while the motor vehicle is located on any highway in this Commonwealth.
This section does not prohibit possession or consumption by passengers in the passenger areas of a motor vehicle designed, maintained, or used primarily for the lawful transportation of persons for compensation, including buses, taxis and limousines, or persons in the living quarters of a house coach or house trailer.
Any person who violates this section commits a summary offense.
| Penalty |
|
| Fine |
0-$300 |
| Jail |
0-90 days |
|
| 1543 |
Driving while operating privileges suspended or revoked
Section 1543 of the Pennsylvania Vehicle Code
A person is guilty of a summary offense if he/she is driving while his/her operating privileges are suspended or revoked due to a charge for driving under the influence or as a condition of acceptance of Accelerated Rehabilitative Disposition (ARD) or for refusal to take a chemical test.
The mandatory penalty is a $1,000 fine, 90 days in jail, and an additional one-year license suspension.
A person who has an amount of alcohol by weight in his/her blood that is equal to or greater than .02% or is under the influence of a controlled substance at the time of testing and who drives a motor vehicle on any highway or traffic way of this Commonwealth at a time when the persons operating privilege is suspended or revoked as a condition of acceptance of ARD for a violation of driving under the influence or for refusal to take a chemical test or is suspended under section 1581 for an offense substantially similar to a violation of section 3802 ( driving under the influence ) or former section 3731 shall, upon a first conviction, be guilty of a summary offense and shall be sentenced to pay a fine of $ 1,000 and to undergo imprisonment for a period of not less than 90 days.
A second violation shall constitute a misdemeanor of the third degree, and upon conviction thereof the person shall be sentenced to pay a fine of $ 2,500 and to undergo imprisonment for not less than six months.
A third or subsequent violation of this paragraph shall constitute a misdemeanor of the first degree, and upon conviction thereof the person shall be sentenced to pay a fine of $ 5,000 and to undergo imprisonment for not less than two years. |
| 1547 |
Chemical testing to determine amount of alcohol or controlled substance
Section 1547 of the Pennsylvania Vehicle Code
Any person who drives, operates, or is in actual physical control of the movement of a motor vehicle in Pennsylvania shall be deemed to have given consent to one or more chemical tests of breath, blood, or urine for the purposes of determining the alcoholic content of blood or the presence of a controlled substance if a police officer has reasonable grounds to believe that person to have been driving, operating, or in actual physical control of the movement of the motor vehicle:
- While under the influence of alcohol or a controlled substance or both; or
- Which was involved in an accident in which the operator or passenger of any vehicle involved or a pedestrian required treatment at a medical facility or was killed.
If a person refuses to submit to a chemical test, the testing shall not be conducted but upon notice by the police officer, the Department of Transportation shall suspend the operating privilege of the person for a period of 12 months.
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| 3718 |
Minor prohibited from operating with any alcohol in system
Section 3718 of the Pennsylvania Vehicle Code
Notwithstanding any other provision of this title, a minor (person under 21 years of age) shall not drive, operate, or be in physical control of a motor vehicle while having any alcohol in his system. A person who violates this section commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $100.
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| 3735 |
Homicide by vehicle while driving under the influence
Section 3735 of the Pennsylvania Vehicle Code
Any person who unintentionally causes the death of another person as the result of driving under the influence of alcohol or controlled substance and who is convicted of violating [the law regarding driving under the influence] is guilty of a felony of the second degree when the violation is the cause of death.
The penalty is a mandatory sentence of 3-10 years incarceration and consecutive 3-10 year terms for each victim whose death is a result. The fine may be as high as $25,000 per victim. |
| 3735.1 |
Aggravated assault by vehicle while driving under the influence
Section 3735.1 of the Pennsylvania Vehicle Code
Any person who negligently causes serious bodily injury to another person as the result of a violation of section 3802 (relating to driving under the influence of alcohol or controlled substance) and who is convicted of violating section 3802 commits a felony of the second degree when the violation is the cause of the injury. |
| 3802 |
Driving under the influence of alcohol or controlled substance
Section 3802 of the Pennsylvania Vehicle Code
Pennsylvania has set .08% Blood Alcohol Content (BAC) as the legal limit for Driving Under the Influence (DUI) convictions. This law became effective September 30, 2003.
Click here for more information
updated 09-27-04 |
Disclaimer: This information is not intended to be legal advice, but merely conveys general information related to drinking and driving. For more information, please contact your local District Attorneys Office or a private attorney.
A person shall not drive, operate, or be in actual physical control of the movement of any vehicle:
- While under the influence of alcohol to a degree which renders the person incapable of safe driving;
- While under the influence of any controlled substance to a degree which renders the person of incapable of safe driving;
- While under the combined influence of alcohol and any controlled substance to a degree which renders the person incapable of safe driving; or
- While the amount of alcohol by weight in the blood of the person who is an adult is 0.08% or greater or a minor is 0.02% or greater.
It is considered prima facie evidence if an adult has 0.08%, a minor has 0.02%, or anyone operating a commercial vehicle has 0.04% or more by weight of alcohol in his or her blood at the time of driving, operating, or being in actual physical control of the movement of said vehicle. For the purpose of this section, the chemical test of the sample of the person's breath, blood, or urine shall be from a sample obtained within two hours after the person drove, operated, or was in actual physical control of the vehicle.
Click here for general information on Pennsylvania's penalties for DUI offenders
In some cases, first time DUI offenders may be eligible for the Accelerated Rehabilitative Disposition (ARD) program. Offenders may not be eligible for the ARD Program if they:
- Have been convicted of a DUI within the past ten (10) years
- Have seriously injured or killed someone as the result of a DUI crash
- Have been charged at the time of a DUI with other specific serious vehicle violations.
In addition, the District Attorney may have other requirements that may disqualify someone from ARD. The ARD program consists of the following:
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| 7726 |
Operation in safe manner
Section 7726 of the Pennsylvania Vehicle Code
No person shall operate a snowmobile or an ATV in any of the following ways:
- At a rate of speed that is unreasonable or improper under existing conditions or in excess of the maximum limits posted for vehicular traffic;
- In any careless way so as to endanger the person or property of another; or
- While under the influence of alcohol or any controlled substance.
No owner or other person having charge or control of a snowmobile or ATV shall knowingly authorize or permit the operation of the snowmobile or ATV by any person who is incapable to do so by reason of age, physical, or mental disability, or who is under the influence of alcohol or any controlled substance.
| Penalty |
1st Offense |
Subsequent Offenses |
| Fine |
$50-$200 |
$100-$300 |
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| 5502 |
Operating watercraft under the influence of alcohol or controlled substance
Section 5502
No person shall operate or be in actual physical control of the movement of a watercraft upon, in or through the waters of this Commonwealth:
(1) While under the influence of alcohol to a degree which renders the person incapable of safe operation of a watercraft;
(2) While under the influence of any controlled substance, as defined by the laws of this Commonwealth and rules and regulations promulgated there under, to a degree which renders the person incapable of safe operation of a watercraft;
(3) While under the combined influence of alcohol and a controlled substance to a degree which renders the person incapable of safe operation of a watercraft; or
(4) While the amount of alcohol by weight in the blood of:
(i) An adult is 0.10% or greater; or
(ii) A minor is 0.02% or greater.
Grading and penalties--
A person violating any of the provisions of this section commits a misdemeanor of the second degree except a person who meets the requirements of paragraph (2). The sentencing court shall order the person to pay a fine of not less than $500 and to serve a minimum term of imprisonment of:
(i) Not less than 48 consecutive hours; or
(ii) Not less than 30 days if the person had previously accepted Accelerated Rehabilitative Disposition (ARD) or any other form of preliminary disposition or had been convicted of, adjudicated delinquent, or granted a consent decree under 42 Pa.C.S. Ch. 63 (relating to juvenile matters) based on an offense under this section or an equivalent offense in this or other jurisdictions within the previous seven years calculated from the date of acceptance, conviction, adjudication, or grant.
If the person has two or more times previously been convicted of, adjudicated delinquent, or granted a consent decree under 42 Pa.C.S. Ch. 63 based on an offense under this section or an equivalent offense in this or other jurisdictions within the previous seven years, a person commits a misdemeanor of the first degree. The sentencing court shall order the person to pay a fine of not less than $2,500 nor more than $10,000 and to serve a minimum term of imprisonment of not less than 90 days.
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| 5502.1 |
Homicide by watercraft while operating under the influence
Section 5502.1
Any person who unintentionally causes the death of another person as the direct result of a violation of section 5502 (relating to operating watercraft under influence of alcohol or controlled substance) and who is convicted of violating section 5502 commits a felony of the third degree when the violation is the cause of death and the sentencing court shall order the person to serve a minimum term of imprisonment of not less than three years. |
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