Public Drunkenness (18 Pa. C.S. § 5505)

Public Drunkenness occurs when a person appears in public under the influence of alcohol to the degree that they may endanger themselves or others, or they annoy others in their vicinity. This offense is a summary offense, which is the lowest level of criminal charge, but a conviction will result in a criminal record. A summary conviction for Public Drunkenness can result in fines and possible jail time for repeat offenders.
Grading: Summary offense.

Underage Possession of Alcohol (18 Pa. C.S. § 6308)

In Pennsylvania, it is illegal for anyone under the age of 21 to possess or consume alcohol. An Underage Possession charge can carry serious consequences for students, including fines, community service, loss of driving privileges, and a criminal record. First-time offenders may be eligible for diversionary programs that could lead to the dismissal of the charge.
Grading: Summary offense for a first-time offense, but penalties increase for subsequent offenses.

Furnishing Alcohol to Minors (18 Pa. C.S. § 6310.1)

Furnishing alcohol to a minor, whether by purchasing or providing alcohol to someone under 21, is a serious criminal offense. The penalties for this offense include hefty fines, potential jail time, and a lasting criminal record. Additionally, a conviction for this charge can have severe impacts on your future, including educational and professional opportunities.
Grading: Misdemeanor of the third degree.

Using a False ID (18 Pa. C.S. § 6310.3)

Using a fake ID to purchase alcohol or enter a bar is a common charge among college students. However, the consequences of using a false ID can be significant, including fines, community service, and potential suspension of your driver’s license. In some cases, first-time offenders may have options for alternative sentencing, including diversionary programs.
Grading: Summary offense, but repeat offenses or associated crimes can lead to more severe penalties.

Other Common Alcohol-Related Offenses

In addition to alcohol-specific charges, several other offenses frequently arise from alcohol use, particularly when individuals are asked to leave bars or engage in disruptive behavior.

Harassment (18 Pa. C.S. § 2709)

Harassment involves engaging in behavior with the intent to annoy, harass, or alarm another person. This charge can arise during altercations or disputes while under the influence of alcohol. Depending on the nature of the harassment, this offense can be charged as a summary offense or a misdemeanor.
Grading: Can be graded as a summary offense or misdemeanor, depending on the circumstances.

Disorderly Conduct (18 Pa. C.S. § 5503)

Disorderly conduct is a broad charge that encompasses disruptive behavior, such as fighting, creating unreasonable noise, or using obscene language in public. Alcohol-related disorderly conduct charges often arise when individuals are removed from bars or engage in fights. While it is often a summary offense, more serious forms of disorderly conduct can be charged as misdemeanors.
Grading: Summary offense, but can be charged as a misdemeanor in some cases.

DUI (Driving Under the Influence)

For DUI-related offenses, please visit our DUI Defense Page for detailed information on the legal process and your defense options.

What Do I Do When I Receive My Citation?

If you’ve received a citation for one of these offenses, you have 10 days to respond by entering a plea of “guilty” or “not guilty.” This decision should not be taken lightly, as pleading guilty to a summary offense can result in a permanent criminal record. Before making a decision, it’s important to consult with an experienced attorney who can evaluate your case and discuss potential outcomes.
In many cases, there are alternative options available, such as diversionary programs. These programs, offered at the magisterial district court, can allow first-time offenders to avoid a conviction and, upon successful completion, have the charges dismissed. After dismissal, you can petition for expungement, which will remove the charge from your record.

Contact an Experienced Attorney

When you’re facing alcohol-related charges, having skilled legal representation can make all the difference in your case. We have extensive experience representing Penn State students and residents of State College in connection with alcohol-related offenses and can help you navigate your legal options, including diversionary programs and expungement.