State College Underage Drinking Attorney
Representing Penn State Students Since 2004
Jason Dunkle is a State College criminal defense attorney that has represented thousands of Penn State students and visitors charged with alcohol-related offenses such as:
Underage Drinking
Some cases can be fought and won in court, while others are best resolved through negotiation with police and judges. Attorney Dunkle is known for achieving favorable outcomes in underage drinking and summary offense cases in State College.
Underage Drinking in Pennsylvania — FAQs & Legal Insights
What Is Considered Underage Drinking in PA?
Many are surprised to learn that no breath or blood test is required to charge someone with Underage Drinking under 18 Pa.C.S. § 6308. Police can issue citations based on behavior, smell of alcohol, or a simple admission—no formal DUI testing is needed. Also, “drinking” is NOT required. The law makes it illegal for anyone under 21 to:
Purchase
Possess – possession can be “actual”, meaning a person is holding alcohol – BUT is can also be “constructive”, meaning a person has the ability to grab the alcohol
Transport
Consume alcohol
If you have additional questions check out our full Underage Drinking FAQ here.
How Serious Is an Underage Drinking Charge in Pennsylvania?
Despite the common belief that underage drinking is a “rite of passage” for college students, law enforcement at Penn State and other Pennsylvania universities now follow a zero-tolerance policy.
While Underage Drinking is a summary offense—less severe than a DUI or drug charge—it carries serious consequences:
Up to $500 fine for a first offense
Up to $1,000 for a second or subsequent offense
- There is NO license suspension for Underage Drinking or Fake ID – those punishments were removed years ago
Does Underage Drinking Show Up on a Background Check?
It may. It simply depends where the background search company looks. There are two primary criminal record databases in Pennsylvania – Pennsylvania State Police (PSP) and the Administrative Office of PA Courts (AOPC). A charge of Underage does not appear in a PSP report because the charge does not require “processing,” meaning fingerprints and a mugshot. But the case information does appear in the AOPC database. Many private background search companies search the AOPC because it is cheaper and contains more information, so summary offense cases like Underage Drinking, Fake Id, and Public Drunkenness do appear on background searches.
Even though it’s a low-level offense, having any conviction on your record can negatively affect:
Job applications
Internships
Grad school admissions
Future legal negotiations
A clean record is always better than having a summary offense conviction—especially if future issues arise.
Should I Hire a Lawyer or Represent Myself?
Technically, you can represent yourself. But just like you wouldn’t fix your own car after a crash without experience, handling a criminal charge without a lawyer can lead to costly mistakes. Hiring an experienced attorney ensures:
You explore all legal options (including dismissal or expungement)
Mistakes aren’t made due to inexperience
You or your child can focus on academics—not courtroom stress
Parents often say, “If only I had known…” after it’s too late. Avoid regrets—get professional help early.
Why Choose JD Law?
Over 20 years of experience defending Penn State students
Proven track record of favorable outcomes
Local insight into Centre County courts and police
Compassionate and honest legal advice
👉 Click here to learn what to look for when hiring a defense attorney
Free Case Evaluation — Contact a State College Underage Drinking Lawyer
If you or your child has been charged with Underage Drinking, Fake ID possession, or Public Drunkenness near Penn State, reach out to Attorney Jason Dunkle at JD Law.
For a free case review, contact JD Law by email or leave a message at (814) 689-9139. Email is the preferred method of communication, as phone calls are directed to voicemail due to the high volume of spam and unsolicited calls.