PA+Alcohol+Regulations

**DUI arrests in PA: 39,854** Pennsylvania has set .08% Blood Alcohol Content (BAC) as the legal limit for Driving Under the Influence (DUI) convictions. This law became effective September 30, 2003.

**Public Drunkeness**

A person is guilty of a summary offense if he appears in any public place manifestly under the influence of alcohol... to the degree that he may endanger himself or other persons or property, or annoy persons in his vicinity.

1st offense:
 * $300 fine
 * 0-90 days in prison

**Misrepresentation of Age to Purchase Alcohol**
A person is guilty of a summary offense for a first violation and a misdemeanor of the third degree for any subsequent violations if he/she being under the age of 21 years, knowingly and falsely represents himself to be 21 years of age or older to any licensed dealer, distributor or other person, for the purpose of procuring or having furnished to him, any liquor or malt or brewed beverages.

1st offense 2nd offense subsequent offenses
 * $300 fine
 * 0-90 days in prison
 * $500 fine
 * 1 year in prison
 * $500
 * 2 years in prison

**Purchase, Consumption, Possession, Transportation of Alcohol by a Minor**
A person commits a summary offense if he/she, being less than 21 years of age, attempts to purchase, purchases, consumes, possesses or knowingly and intentionally transports any liquor or malt or brewed beverages.

1st offense 2nd offense Susequent
 * $300 fine
 * 0-90 days in prison
 * $500 fine
 * 0-90 days in prison
 * $500 fine
 * 0-90 days in prison

**Representing to Liquor Dealers that Minor is of Age**
 A person is guilty of a misdemeanor of the third degree if he/she knowingly, willfully and falsely represents to any licensed dealer or other person, any minor to be of full age, for the purpose of inducing [that] person to sell or furnish any liquor or malt or brewed beverages.


 * $300-2500 fine
 * 1 year in prison

**Inducement of Minors to Buy Liquor**
A person is guilty of a misdemeanor of the third degree if he/she hires or requests or induces any minor to purchase, or offer to purchase, liquors or malt or brewed beverages....from a duly licensed dealer for any purpose.
 * $300-2500 fine
 * 1 year in prison

**Selling/ furnishing Alcohol to Minors**
 A person commits a misdemeanor of the third degree if he/she intentionally and knowingly sells or... furnishes or purchases with the intent to sell or furnish any liquor or malt or brewed beverages to persons less than 21 years of age. This section does not apply to any religious service or ceremony which may be conducted in a private home or a place of worship where the amount of wine served does not exceed the amount reasonable, customarily and traditionally required as an integral part of the service or ceremony

1st offense 2nd offense
 * $1000-2500 fine
 * 2 years in prison
 * $2500-5000 fine
 * 1 year in prison

**Manufacture/ Sale of False I.D. Cards**
A person commits a misdemeanor of the second degree if he intentionally, knowingly or recklessly manufactures, makes, alters, sells or attempts to sell an identification card falsely representing the identity, birth date or age of another.

1st offense 2nd offense
 * $1000-2500 fine
 * 2 years in prison
 * $2500-5000 fine
 * 2 years in prison

**Carrying False I.D. Card**
A person commits a summary offense for a first violation and a misdemeanor of the third degree for subsequent violations if he/she, being under 21, possesses an identification card falsely identifying that person by name, age, date of birth or photograph as being 21 years or age or older or obtains or attempts to obtain liquor or malt or brewed beverages by using the identification card of another or by using an identification card that has not been lawfully issued to or in the name of that person who possesses the card.

1st offense 2nd offense Subsequent
 * $300 fine
 * 0-90 days in prison
 * $500 fine
 * 1 year
 * $500
 * 2 years in prison

**Selling or Furnishing Non-Alcoholic Beverages to People Under 21**
 A person commits a summary offense if he intentionally and knowingly sells or furnishes nonalcoholic beverages to any person under 21 years of age. As used in this section, the term “nonalcoholic beverage” means any beverage intended to be marketed or sold as nonalcoholic beer, wine or liquor having some alcohol content but not containing more than 0.5% alcohol by volume.

1st offense
 * $300
 * 0-90 days in prison

**Restrictions on Alcoholic Beverages**
It is unlawful for any person who is an operator or an occupant in any motor vehicle to be in possession of an open alcoholic beverage container or to consume any alcoholic beverage or controlled substance… in a motor vehicle while the motor vehicle is located on any highway in this commonwealth. This section does not prohibit possession or consumption by passengers in the passenger areas of a motor vehicle designed, maintained or used primarily for the lawful transportation of persons for compensation, including buses, taxis and limousines, or persons in the living quarters of a house coach or house trailer. Any person who violates this section commits a summary offense.
 * $300 fine
 * 0-90 days in prison

**Minor Prohibited From Operating with any Alcohol in System**
Notwithstanding any other provision of this title, a minor (person under 21 years of age) shall not drive, operate or be in physical control of a motor vehicle while having any alcohol in his system. A person who violates this section commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $100.

**Homicide by DUI**
Any person who unintentionally causes the death of another person as the result of… driving under the influence of alcohol or controlled substance and who is convicted of violating [the law regarding driving under the influence] is guilty of a felony of the second degree when the violation is the cause of death.


 * $25,000 fine per person killed
 * 3-10 years in prison consecutively per person killed

**Aggravated Assault by Vehicle with DUI**
Any person who negligently causes serious bodily injury to another person as the result of a violation relating to driving under the influence of alcohol or controlled substance and who is convicted of the violation commits a felony of the second degree when the violation is the cause of the injury.


 * DUI**

Click here to view PA Regulations on DUI

**BUI**
No person shall operate or be in actual physical control of the movement of a watercraft upon, in or through the waters of this commonwealth: (1) while under the influence of alcohol to a degree which renders the person incapable of safe operation of a watercraft; (2) while under the influence of any controlled substance, as defined by the laws of this Commonwealth and rules and regulations promulgated there under, to a degree which renders the person incapable of safe operation of a watercraft; (3) while under the combined influence of alcohol and a controlled substance to a degree which renders the person incapable of safe operation of a watercraft; or (4) while the amount of alcohol by weight in the blood of: (i) an adult is 0.10% or greater; or

(ii) a minor is 0.02% or greater. Grading and penalties.--

A person violating any of the provisions of this section commits a misdemeanor of the second degree except a person who meets the requirements of paragraph (2). The sentencing court shall order the person to pay a fine of not less than $ 500 and to serve a minimum term of imprisonment of:(i) not less than 48 consecutive hours; or (ii) not less than 30 days if the person had previously accepted Accelerated Rehabilitative Disposition or any other form of preliminary disposition

** Homicide by Watercraft While Operating Under the Influence **
Any person who unintentionally causes the death of another person as the direct result of a violation of section 5502 (relating to operating watercraft under influence of alcohol or controlled substance) and who is convicted of violating section 5502 commits a felony of the third degree when the violation is the cause of death and the sentencing court shall order the person to serve a minimum term of imprisonment of not less than three years.


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PA Laws 2009