Underage Drinking Charge Dismissed Under Pennsylvania’s Good Samaritan Law
A Penn State student returned to her dorm room and discovered her roommate suffering from an apparent alcohol overdose. Fearing for her roommate’s safety, she immediately notified the resident assistant and requested that 911 be called for emergency medical assistance. Penn State Police responded to the dorm room along with EMTs. A Penn State officer issued summary citations for Underage Drinking under 18 Pa.C.S. § 6308 to both the roommate and the student who sought assistance.
At the summary trial, State College criminal defense attorney Jason S. Dunkle argued that the charge should be dismissed under Pennsylvania’s Good Samaritan law, which encourages individuals to seek emergency medical assistance during alcohol-related emergencies without fear of prosecution. Under Pennsylvania law, an underage person is immune from prosecution for underage drinking when:
- They reasonably believe another person is experiencing an alcohol-related emergency that requires immediate medical attention to prevent death or serious bodily injury; and
- They are the first person to contact 911, campus security, police, a resident assistant, or another emergency service to obtain medical assistance.
The evidence established that the student immediately sought help for her roommate by notifying the resident assistant and requesting emergency medical assistance. The court agreed that she satisfied the requirements of Pennsylvania’s Good Samaritan immunity statute and found her NOT GUILTY of Underage Drinking.
After the case was dismissed, Attorney Jason S. Dunkle successfully filed a petition in the Centre County Court to have the underage drinking charge expunged from the student’s criminal record.
If you have been charged with Underage Drinking at Penn State or elsewhere in Pennsylvania, an experienced criminal defense attorney can determine whether the Good Samaritan law or another legal defense may apply to your case.