underage drinking question

[mustangkid05]

well a few nights ago i was at a party, and im only 19, well the cops came and gave everyone a breathalyzer and i blew a .2, now my question is what is going to happen. I'm not to worried about the fine, I am worried about loosing my drivers liscense
thanks.......and this was in pa

 

[99lightning_svt]

Your not gonna lose your license if you weren't driving!
All you will get is a mp!

BTW if you keep the doors shut and give them no reason to enter such as underage drunkards running around the front lawn you will be safe!

 

[txyaloo]

Your not gonna lose your license if you weren't driving!
All you will get is a mp!

That depends on the state. PA law may call for loss of license for any underage drinking violation.

 

[iliveanddie]

That depends on the state. PA law may call for loss of license for any underage drinking violation.

A friend of mine from college this year got an underage just walking at PSU and lost his license for 6 months. So I am not sure on the exact rules but this case might lend some idea until we get a better ruling.

Edit. for astrodude...the walking along was a simplification just so I could use the example.

 

[mustangkid05]

any help is appreciated guys, thanks

 

[ShortThrow50]

That depends on the state. PA law may call for loss of license for any underage drinking violation.

eh, i dont know what it depends on then becuase this kid that labors for me out on the job got busted at a party for underage drinking last summer at the age of 18 and he did not lose his liscense.

 

[Scout238]

Your not gonna lose your license if you weren't driving!
All you will get is a mp!

BTW if you keep the doors shut and give them no reason to enter such as underage drunkards running around the front lawn you will be safe!

Not necessarily true. Also if they suspect underage drinking, it's fair game. There is no hiding....

 

[ShortThrow50]

what part of pa you from dude

 

[01SVTSnake]

In PA im 99% at 18 you can blow as high as .02 with no consequences when not behind the wheel. Under 18 is strict no tolerance. I had a friend blow .02 and she was 19 and was free to go. If you are at .2 you will get an underage drinking charge and you may loose your license

 

[mustangkid05]

In PA im 99% at 18 you can blow as high as .02 with no consequences when not behind the wheel. Under 18 is strict no tolerance. I had a friend blow .02 and she was 19 and was free to go. If you are at .2 you will get an underage drinking charge and you may loose your license

yea they were letting people go that blew under .2,.....i just happend to blow .2

 

[97samssnake]

Wait, did you blow a .02 or a .2?

 

[txyaloo]

Section 6308 of the Pennsylvania Crimes Code (Title 18) says there is a mandatory 90 day license suspension for the first offense with an up to $300 fine.

http://weblinks.westlaw.com/find/de...t.wl&cite=IDD3C733034-2D11DA8A989-F4EECDB8638

Here's the section on restriction of driving privileges:

http://weblinks.westlaw.com/find/de...t.wl&cite=IDD70F0B034-2D11DA8A989-F4EECDB8638

 

[Scout238]

Wait, did you blow a .02 or a .2?

I'm guessing .2... because .02 is nothing. Granted a minor.... but .02 still isn't much

 

[97samssnake]

I'm guessing .2... because .02 is nothing. Granted a minor.... but .02 still isn't much

Well 01SvtSnake said you could blow a .02 and nothing happens, and Mustangkid said they were letting people who blew a .2 go so I just figured he misplaced a 0, but I'm not sure.

 

[Scout238]

I see what you mean.op: Oh BTW OP.... problem solved: Don't Drink!!!!!!!!!!:nonono:

 

[FordSVTFan]

Section 6308 of the Pennsylvania Crimes Code (Title 18) says there is a mandatory 90 day license suspension for the first offense with an up to $300 fine.

http://weblinks.westlaw.com/find/de...t.wl&cite=IDD3C733034-2D11DA8A989-F4EECDB8638

Here's the section on restriction of driving privileges:

http://weblinks.westlaw.com/find/de...t.wl&cite=IDD70F0B034-2D11DA8A989-F4EECDB8638

Those links didnt work for me, so I went to Westlaw.

Here is the PA. Statute.

(a) General rule.--Whenever a person is convicted or is adjudicated delinquent or is admitted to any preadjudication program for a violation of section 6307 (relating to misrepresentation of age to secure liquor or malt or brewed beverages), 6308 (relating to purchase, consumption, possession or transportation of liquor or malt or brewed beverages) or 6310.3 (relating to carrying a false identification card), the court, including a court not of record if it is exercising jurisdiction pursuant to 42 Pa.C.S. § 1515(a) (relating to jurisdiction and venue), shall order the operating privilege of the person suspended. A copy of the order shall be transmitted to the Department of Transportation.


(b) Duration of suspension.--When the department suspends the operating privilege of a person under subsection (a), the duration of the suspension shall be as follows:


(1) For a first offense, a period of 90 days from the date of suspension.

(2) For a second offense, a period of one year from the date of suspension.

(3) For a third offense, and any offense thereafter, a period of two years from the date of suspension. Any multiple sentences imposed shall be served consecutively.


Reinstatement of operating privilege shall be governed by 75 Pa.C.S. § 1545 (relating to restoration of operating privilege).


(c) Nondrivers.--Any person whose record is received by the department under subsection (a) and who does not have a driver's license shall be ineligible to apply for a learner's permit under 75 Pa.C.S. §§ 1505 (relating to learners' permits) and 1507 (relating to application for driver's license or learner's permit by minor) for the time periods specified in subsection (b). If the person is under 16 years of age when he is convicted or adjudicated delinquent or admitted to a preadjudication program, his suspension of operating privileges shall commence upon his 16th birthday for the time periods specified in subsection (b).


(d) Insurance premiums.--An insurer shall not increase premiums, impose any surcharge or rate penalty, or make any driver record point assignment for automobile insurance, nor shall an insurer cancel or refuse to renew an automobile insurance policy on account of a suspension under this section.

If the statute is followed, which it should be, you will "lose" your license for at least 90 days.

 

[anth6ny]

That's crazy. In NY you have no obligation to blow into the Breathalyzer unless you're actually operating a motor vehicle. How could they suspend your driving privileges when you weren't near a car?

 

[S197man]

That's crazy. In NY you have no obligation to blow into the Breathalyzer unless you're actually operating a motor vehicle. How could they suspend your driving privileges when you weren't near a car?

Because he's 19

 

[FordSVTFan]

That's crazy. In NY you have no obligation to blow into the Breathalyzer unless you're actually operating a motor vehicle. How could they suspend your driving privileges when you weren't near a car?

Because, as you noted, driving is a privilege. That privilege can be suspended when you do something that is against the law. It is called punishment.

 

[dogmush]

Adam, How would the police go about getting a breath test in this case? Just ask and hope no one says no? I understand the implied consent if you're driving, but just standing aroung at a party how do force a blow?