Drivers below the age of 21 are not allowed to drink any alcohol, let alone drive with a traceable amount of alcohol in their system. Anyone underage who consumes, possesses, or transports alcohol, or tries to purchase alcohol can be charged with Possession or Consumption of Alcohol by a Minor, also referred to as underage drinking.
If you have been charged with underage drinking or possession of alcohol, you are likely worried and have questions concerning the potential implications on your driver’s license and criminal record. A driver’s license suspension is a serious consequence of underage drinking charges. While underage drinking is a summary offense and not a criminal one, it’s included within the Pennsylvania Criminal Code, so having it on your record may be a deciding factor in the mind of a potential employer or college admission board. It is in your best interest to seek expungement of the charge with the help of a Southeastern Pennsylvania underage drinking defense lawyer.
Understanding Underage Drinking Offenses
Definition and Penalties
Underage drinking offenses encompass the consumption, possession, or transportation of alcoholic beverages by individuals under the age of 21. In Pennsylvania, these offenses are classified as summary offenses. A first violation can result in a fine of up to $500, while subsequent violations may incur fines of up to $1,000. In Florida, underage possession of alcohol is treated as a second-degree misdemeanor, which can lead to fines, community service, and even potential jail time. Understanding these penalties is crucial for anyone facing an underage drinking charge, as they highlight the seriousness of such offenses.
Possible Defenses
If you are charged with an underage drinking offense, consulting with a criminal defense attorney is essential to explore possible defenses. Some common defenses include:
- Lack of Actual Possession: If the alcoholic beverage was not found on your person, you might argue that you did not possess it.
- Improper Search and Seizure: If the law enforcement officer did not follow proper procedures during the search and seizure, the evidence might be deemed inadmissible.
- Lack of Probable Cause: If the officer did not have sufficient reason to believe you were committing a crime, the charges might be dismissed.
These defenses can significantly impact the outcome of your case, potentially leading to dismissed charges or reduced penalties.
Impacts of an Underage Drinking or Possession of Alcohol Conviction
An underage drinking conviction can lead to additional adverse effects besides the potential fines and license suspension. In Pennsylvania, penalties for underage drinking may include:
- First Offense: $300 fine, 90-day license suspension
- Second Offense: $500 fine, one-year license suspension
Many fail to consider the collateral consequences of underage drinking or possession of alcohol, but they can dramatically impact a young person’s life. Most schools and universities have regulations that prohibit underage students from drinking. The University of Pennsylvania, for instance, enforces a strict policy that disciplines underage students found drinking.
An underage drinking conviction can affect a student’s financial aid and scholarship awards. An alcohol-related crime won’t impact a student’s eligibility to receive government aid through the Free Application for Federal Student Aid (FAFSA). However, an underage drinking conviction on your record may result in a loss of scholarship or funding from a private organization.
Additionally, having a criminal record expunged can be a crucial step in mitigating these long-term consequences. The process and eligibility criteria for expungement vary by state, but it often involves meeting specific legal stipulations regarding age and the completion of sentences. Expungement can help individuals move forward without the burden of past convictions.
Short-Term Consequences
An underage drinking conviction can have immediate consequences, including:
- Fines and court costs
- Community service
- Mandatory alcohol education classes
- Driver’s license suspension
- Increased insurance rates
These short-term consequences can disrupt your daily life and financial stability, making it essential to address the charges promptly and effectively.
Long-Term Consequences
A conviction for underage drinking can also have long-term consequences, such as:
- A permanent criminal record
- Impact on future employment opportunities
- Impact on college applications and financial aid
- Potential loss of scholarship or funding from private organizations
- Increased difficulty obtaining a driver’s license or maintaining a clean driving record
Given these potential long-term impacts, it is crucial to seek the advice of a criminal defense attorney. They can help you understand the full scope of the consequences and explore options for expungement or record sealing. By taking proactive steps, you can minimize the impact of an underage drinking offense on your life and future opportunities.
What Are the Benefits of Underage Drinking Expungement?
The significance of having your underage drinking expunged from your record cannot be overemphasized. This is particularly true for young drivers and college students with career dreams that require a college education. Colleges and universities are much more likely to accept and retain students with spotless records over those with an underage drinking conviction.
An expungement petition plays a crucial role in removing past arrest records that hinder employment opportunities. It is important to seek legal guidance from experienced lawyers to navigate the eligibility process for filing such petitions, especially in cases involving underage alcohol violations.
In short, the likelihood of you being admitted to or continuing in university will be significantly higher if you do not have an underage drinking conviction on your record.
Requirements to Expunge Underage Drinking in Pennsylvania
Under Title 18 PA. CS § 9122(a)(3), individuals convicted of underage drinking may be entitled to expungement. Under this statute, anyone convicted of an underage drinking offense relating to the purchase, consumption, possession, or transportation of liquor or malt or brewed beverages is entitled to expungement when they reach the age of 21, and they meet the following conditions:
- They were 18 years or older at the time of the offense
- They satisfied all requirements and terms of the sentence imposed for the offense
- They met all suspensions and restrictions imposed on their driver’s license
The process of having a criminal record expunged, particularly for minor in possession offenses, involves meeting specific eligibility criteria such as age, completion of sentences, and adherence to state laws.
Once granted, the expungement will clear your criminal history at all state agencies that maintain criminal records pertaining to such offenses.
How Can a Montgomery County Underage Drinking Defense Lawyer Help?
The Montgomery County underage drinking defense lawyers at Rubin, Glickman, Steinberg & Gifford, P.C., are highly experienced in representing people facing underage drinking charges. They can provide reliable legal guidance to help you avoid the consequences of a conviction. If you are charged with Possession or Consumption of Alcohol by a Minor, we will explore every avenue possible to have the summary offense expunged from your record.
If it’s your first offense for underage DUI, you may even be able to avoid a conviction altogether. Underage drinking lawyers from Rubin, Glickman, Steinberg & Gifford, P.C., may also be able to prove that the arresting police officer violated your constitutional rights. In this instance, the prosecution may drop your whole case.
Partner with an Experienced Underage Drinking Attorney in Montgomery County
If you were convicted of underage drinking, we can examine your case and determine whether expungement is an option for you. Handling an underage drinking charge is challenging for everyone, particularly college students and minors. Let the underage drinking defense lawyers at Rubin, Glickman, Steinberg & Gifford, P.C., help you achieve the most favorable outcome so you can move forward in your life with a clear record. To speak with a seasoned underage drinking defense attorney over a free case review, complete a contact form or call today at (215) 822-7575.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
December 24, 2024
