Furnishing Alcohol Charges Based on Drunk, Underage Witnesses — Is That Legal?
Many people facing Furnishing Alcohol to Minors charges, especially in college towns like State College, are shocked to learn they can be charged based on statements from underage, intoxicated partygoers. It’s a common question:
“How can I be arrested or convicted if the only witnesses are drunk underage kids from the party?”
Unfortunately, the law — and the way courts handle these cases — may not work the way you assume.
Underage, Intoxicated Witnesses CAN Be Used in Furnishing Alcohol to Minors Cases
In Pennsylvania, the fact that witnesses were also breaking the law by being underage and intoxicated at the time of the party does not automatically prevent their statements from being used in court. While the defense may argue that the credibility of such witnesses is questionable, it is ultimately up to the judge or jury to decide whether to believe them.
Key Points to Understand:
✅ The prosecution can use testimony from underage partygoers, even if they were drinking at the time.
✅ Police reports often include statements from these witnesses about who supplied or allowed access to the alcohol.
✅ Additional evidence — such as photos, videos, social media posts, and the suspect’s own statements — is often used to support the case.
In short, the case does not hinge solely on whether the witnesses were drunk — but on whether the prosecution can present enough evidence to convince the court of your guilt.
Your Statements Can Also Be Used as Evidence
In many cases, people trying to “talk their way out” of a charge end up making damaging admissions to police. For example:
Admitting you knew the guests from high school, implying awareness of their age.
Saying you didn’t want to give names because you didn’t want anyone to “get in trouble.”
Acknowledging you were aware alcohol was present and accessible to underage individuals.
Facing Furnishing Charges? Contact an Experienced State College Defense Attorney
If you’ve been charged with Furnishing Alcohol to Minors at Penn State, don’t make the mistake of assuming the charges will go away because the witnesses were underage or drunk. The prosecution knows how to build these cases, and you need an experienced criminal defense lawyer on your side.
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.