In our last post, we examined the legal penalties and additional consequences for an underage DUI in PA.

Today we look at other related offenses and how to defend and underage DUI charge.

Underage Drinking

If you are charged with and underage DUI, it is likely you will also be charged with underage drinking.  The legal penalties for underage Drinking in Pennsylvania include:

• Up to 90 days incarceration
• First offense – 90 day suspended driver’s license
• Second offense – 1 year suspension
• Third offense – 2 year suspension

New Penalties for a DUI with a Minor in the Vehicle

Anyone charged with a DUI while having a minor in the vehicle will be subject to the following enhancements to a general impairment charge:

1. 1^st Offense:
   minimum fine of $1,000
   mandatory 100 hours of community service
2. 2^nd offense:
   Prison Time: 30-60 days imprisonment
   minimum fine $2,500
3. 3^rd Offense:
   Prison Time: 6 months- 2 years imprisonment

How to Defend an Underage DUI

There are many ways to defend an Underage DUI.  Pennsylvania adopts a “zero tolerance” policy towards DUI for drivers under the age of 21 with a low critical value of 0.02.  This means that a BAC level of .02 is enough to trigger an arrest.  However, breath testing machines are very inaccurate, and a driver can show a BAC level of .02 for many reasons that have nothing to do with drinking.  For example, you can get a reading over .02 for using:

• nail polish remover
• hand sanitizing liquid
• mouth wash
• or even for eating a slice of bread

An experienced DUI attorney can challenge the evidence in court and protect your rights.  At The McShane Firm, our lawyers have fought many underage DUI cases and know which defenses work and how to apply their knowledge and experience to fight your case.

Call 1-866-MCSHANE to find out more.

Justin McShane

PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Avvo.com. Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.