Understanding the Law

The Liquor Code, specifically section 493 of Title 47, makes it illegal for anyone in Pennsylvania to sell, supply or give alcohol to a minor. Under section 494 the Liquor Code, violators can be charged with a misdemeanor and fined $100 to $500 per incident for furnishing alcohol to minors. Repeat offenses and/or failure to pay an imposed fine can lead to imprisonment.

The Crimes Code, Title 18, includes a number of sections prohibiting underage drinking and the facilitation of underage drinking.

• Section 6301, entitled Corruption of Minors, makes it illegal for anyone 18 years of age or older to commit any act that corrupts or tends to corrupt the morals of a minor or to entice, coerce or aid a minor in the commission of a crime. This means anyone over 18 who facilitates underage drinking may be committing a misdemeanor of the first degree and may face penalties including a fine of up to $10,000 and up to five years imprisonment.
• Section 6307, entitled Misrepresentation of Age to Secure Liquor or Malt or Brewed Beverages, makes it illegal for anyone under 21 years of age to misrepresent his or her age in an attempt to obtain alcohol. Violation of this law is a summary offense and can result in fines up to $300 for a first conviction and a misdemeanor of the third degree and with fines up to $500 for subsequent convictions.
• Section 6308, entitled Purchase, Consumption, Possession or Transportation of Liquor or Malt or Brewed Beverages, makes it illegal for anyone under 21 years of age to purchase, attempt to purchase, consume, possess or knowingly and intentionally transport alcohol. Violation of this law is a summary offense and can result in fines up to $500 for a first conviction and up to $1,000 for subsequent convictions.
  • A limited exception to this law is provided for under Pennsylvania’s Medical Amnesty Law. If an underage person calls for help on behalf of another person believed to be at risk due to alcohol consumption – and if that minor provides his or her name and stays with the person at risk until help arrives – the caller is immune from prosecution for consumption or possession of alcohol.
• Section 6309, entitled Representing that Minor is of Age, prohibits anyone from knowingly and falsely representing that someone under 21 years of age is older than that in an effort to induce a retailer to sell alcohol to the minor. Violation of this law is a misdemeanor of the third degree, and penalties for adults include a minimum fine of $300, with a maximum not to exceed $2500, and can include imprisonment up to one year.
• Section 6310, entitled Inducement of Minors to Buy Liquor or Malt or Brewed Beverages, prohibits anyone from hiring or requesting or inducing a minor to purchase or attempt to purchase alcohol. Violation of this law is a misdemeanor of the third degree, and penalties include a minimum fine of $300, with a maximum not to exceed $2500, and can include imprisonment up to one year.
• Section 6310.1, entitled Selling or Furnishing Liquor or Malt or Brewed Beverages to Minors, prohibits anyone from knowingly and intentionally selling or furnishing alcohol to minors, or attempting the same. Violation of this law is a misdemeanor of the third degree and penalties include a minimum fine of $1,000 for the first violation and $2,500 for any subsequent violation, and can include imprisonment up to one year.
• Section 6310.2, entitled Manufacture or Sale of False Identification Card, prohibits anyone in Pennsylvania from making, altering or selling identification cards that falsely represent the identity, birth date, or age of another person. Violation of this law is a misdemeanor of the second degree, and penalties for adults include between $1,000 and $5,000 for a first offense and can include imprisonment up to two years. Fines for subsequent adult convictions are a minimum of $2,500. For juveniles, the fines are $500 for a first adjudication and $1,000 for subsequent adjudications.
• Section 6310.3, entitled Carrying a False Identification Card, prohibits anyone in Pennsylvania under 21 years of age from carrying an identification card falsely identifying that person by name, age, date of birth or photograph as being 21 years of age. This section further makes it unlawful to obtain or attempt to obtain alcohol by using the identification card of another or which has not been lawfully issued to the person carrying it. Violation of this law is a summary offense for the first conviction and a misdemeanor of the third degree for subsequent convictions. Penalties for 18- to 20-year-olds for a first conviction can be imprisonment up to 90 days and fines up to $300. Penalties for subsequent convictions can be imprisonment up to one year and a fine of not more than $500. For juveniles, fines up to $500 may be imposed.

The Vehicle Code, Title 75, prohibits anyone from driving under the influence (DUI) of alcohol, and it includes special provisions for anyone under 21 who drives under the influence.

• Section 3802, entitled Driving Under Influence of Alcohol or Controlled Substance (“DUI”), prohibits individuals from operating a vehicle with a sufficient amount of alcohol in their blood that it has rendered them incapable of safely driving, or from operating a vehicle with a blood alcohol concentration of .08% or higher. Penalties vary and may include mandatory jail time, fines and a license suspension.
• Section 3809, entitled Restriction on Alcoholic Beverages, prohibits the driver or occupant of a vehicle (other than a bus, taxi, limousine, or the living quarters of a house coach/trailer) from possessing an open alcohol container or consuming alcohol in the vehicle. A violation of this offense is a summary punishable by a $25 fine.
• Section 3718, entitled Minor Prohibited from Operating with Any Alcohol in System, prohibits a minor from driving with any alcohol in their system. A conviction under this section is a summary offense punishable with a fine of $100 and a three-month license suspension.
• Section 3735, entitled Homicide by Vehicle While Driving Under Influence, punishes an individual who, as a result of DUI, unintentionally causes the death of another person. A conviction under this section is a felony of the second degree punishable with a mandatory minimum of three years) and up to 10 years imprisonment (for each victim, to be served consecutively) with a fine up to $25,000 and license suspension of three years. The mandatory minimum penalties are increased for individuals with prior DUI convictions.
• Section 3735.1, entitled Aggravated Assault by Vehicle While Driving Under the Influence, punishes an individual who, as a result of DUI, negligently causes another person serious bodily injury. A conviction under this section is a felony of the second degree punishable with imprisonment up to 10 years, a fine up to $25,000, and a one-year license suspension. Penalties are increased for individuals who commit this offense while not properly licensed.