Defending Underage Drinking Cases

by | Apr 17, 2016 | PBT

PBT is a portable breath test used in underage drinking cases.  One of the most frequent crimes young college students may be charged with is the crime of Underage Drinking. This blog will discuss various ways of Defending Underage Drinking Cases. In the state of Pennsylvania, read about pbt’s hereUnder age drinking is codified in Title 18 section 6308. The charge of Underage Drinking is specifically called: Purchase, consumption, possession or transportation of liquor or malt or brewed beverages. The statute specifically states that a person commits a summary offense if he is less than 21 years of age, attempts to purchase, purchases, consumes, possesses or knowingly and intentionally transports any liquor or malt or brewed beverages in the state of Pennsylvania.

Underage Drinking is classified as a summary offense. read about defending dui cases  Accordingly a conviction can mean a sentence of up to 90 days in prison and a fine of $500 for the first conviction and up to $1,000 for every subsequent conviction. One of the biggest legal impacts of a conviction for the crime of Underage Drinking is the associated license suspension. A first conviction for this crime carries a license suspicion of 90 days, there is a one year licenses suspension for a second conviction and a two year license suspension for every subsequent conviction.

The various defenses to this crime are as follows:

a) the police did not have reasonable suspicion that the accused was committing a crime when they restrained his freedom;

b) The only evidence that the police have that the accused committed the crime of underage drinking are the results of a pbt which are not admissible in court;

c) the police entered a residence without permission or a legally sufficient reason, and as a result of this illegal entry charged the defendant with this crime.

There are numerous other defenses to this crime. Make sure to contact an experienced Chester County Underage Drinking Attorney immediately in order to make sure you are aware all of these defenses

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