SELECTED PENNSYLVANIA LAWS

The University expects every student to be aware of these laws and of his or her responsibility to comply with them.  Ignorance of the law is never a defense.

Alcoholic Beverages

Members of the University community are reminded that the laws of the Commonwealth of Pennsylvania pertaining to alcoholic beverages apply to the University campus and each individual is responsible for observing and complying with such laws.  For your convenience, we have summarized portions of Pennsylvania law below.  The following summary is not intended to be comprehensive and the laws reflected may change from time to time.
 

All persons while in the Commonwealth of Pennsylvania are subject to the Pennsylvania liquor and crimes codes.
 

Any person less than 21 years of age who attempts to purchase, purchases, consumes, possesses, or knowingly and intentionally transports any alcoholic beverages within Pennsylvania is subject to automatic loss of motor vehicle operating privileges for up to two years or more and to other penalties, including fines; arresting officers are required to notify parents or guardians of arrests made for under age drinking (18 Pa.C.S. 6308 and 6310.4).
 

Any person who purchases with intent to sell or furnish, or sells or furnishes alcoholic beverages of any kind to persons under 21 years of age faces penalties upon conviction of up to $2,500 (18 Pa.C.S. 6310.1). The law has been interpreted to mean that no person under 21 years of age may pay assessments which will be used in whole or in part for the purchase of alcoholic beverages.
 

Intentionally and knowingly furnishing alcoholic beverages to persons under 21 is illegal.  According to this law, furnish means "to supply, give or provide to, or allow a minor to possess on the premises or property owned or controlled by the person charged".
 

It is unlawful to misrepresent one's own age to obtain alcoholic beverages or for such purposes to  represent to anyone that another person is 21 years of age or older; misrepresentation of one's own age will result in automatic loss of motor vehicle operating privileges (18 Pa.C.S. 6307 and 6309).
 

The law prohibits the use of another's identification card or an unauthorized identification card to obtain alcoholic beverages or the carrying of an identification card bearing a false name, age, date of birth or photograph and provides for certain automatic minimum fines and loss of motor vehicle operating privileges (18 Pa.C.S. 6310.3). The law imposes heavy mandatory minimum fines ($ 1,000 for the first violation and $2,500 for each subsequent violation) for the manufacture, sale or attempted sale of false identification cards as well as possible imprisonment for up to two years (18 Pa.C.S. 6310.2).
 

It is unlawful to possess or transport any alcoholic beverages, e.g., beer, wine or liquor, not purchased according to Pennsylvania law.
 

Under Pennsylvania law a blood alcohol reading of 0.08% or more for an adult, and more than 0.02%  for a minor, constitutes drunk driving ("driving under influence").  Refusal to take a breath, blood or urine test results in an automatic 12 month suspension of Pennsylvania vehicle operating privileges, as does a conviction for DUI (75 Pa.C.S. 1532, 1547 and 3802).   It is unlawful for any person who is a driver in any vehicle to consume any alcoholic beverage or controlled substance, as defined in the act of April 14, 1972 (P.L. 233, No. 64), in the vehicle while it is in operation on any highway in this Commonwealth.  Possessing open containers of alcoholic beverages in a moving vehicle may result in the prosecution of the driver for illegal consumption while operating a motor vehicle.
 

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 or controlled substance.  The penalty for this is a summary offense.