If you are under the age of 21 and are charged with a DUI in Pennsylvania you will be charged under a separate section of the DUI law. The way PA defines a DUI for a individuals who are not old enough to legally drink in PA is where your BAC level is above .02% within two hours of driving, operating, or being in physical control of a vehicle. The Commonwealth does not have to prove you were incapable of safely driving. They only have to prove that your BAC level was above .02% within two hours. In PA you BAC is determined by either a blood or breath test. No other testing method is approved in PA for determinating your legal BAC level.
As a minor your DUI offense is automaticly a teir 2 offense. If your BAC is over .16 you may also face additional DUI charges under the higher tier based off of your BAC level. For more specific information about possible punishments for DUI tiers and number of offenses please see the chart provided under our resource tab. resources page
In addition to being charged with a DUI most of the time you can also be charged with purchase, consumption, possession or transportation of liquor or malt or brewed beverages. This offense carry minimum penalty of a fine of up to $500 plus court cost, and a 90 day license suspension for your first offense. If you have a second violation there is a license suspension of 1 year and a fine of not more the $1000. A third or subsequent offense caries a license suspension of 2 years and a fine of not more the $1000. Notification of this offense must be made by the arresting agency to your parents or guardians.