Good Samaritan Law Leads to Dismissal of Underage Drinking Charge

Client returned to her Penn State dorm room and discovered her roommate vomiting from an alcohol overdose. Concerned for her roommate’s safety, Client immediately sought help from the resident assistant and requested that the resident assistant call 911 for emergency assistance.

A Penn State police officer responded to the call but was not informed that Client had been the one who insisted on seeking medical attention. The officer issued summary charges of Underage Drinking under 18 Pa.C.S.A. § 6308 against both the roommate and Client.

At the summary hearing, State College defense attorney Jason S. Dunkle argued that the charge must be dismissed under Pennsylvania’s “Good Samaritan” immunity law for underage drinking. This law provides that an underage person who seeks medical help for another is immune from prosecution if: (1) they reasonably believe medical assistance is necessary to prevent death or serious injury, and (2) they are the first to contact 911, campus safety, police, or emergency services.

The judge agreed that Client’s actions satisfied the requirements of the Good Samaritan law and entered a verdict of NOT GUILTY. Following the dismissal, Attorney Dunkle filed an expungement petition in the Centre County Court to have the charge removed from Client’s record.