Underage Drinking Citations in Pennsylvania

Last updated October 4, 2026.

An underage drinking citation usually arrives after a party, a traffic stop or a call to the police, and it often lands on a student or a young worker who has never been in court. It is a summary offense, the lowest grade in Pennsylvania, but it is still a criminal charge that can appear on background checks. This page explains what the law says, what usually happens next, and how to keep it off a record. My general approach to criminal charges is on the main criminal defense page.

What happens after the citation, step by step?

Underage drinking cases stay at the district court level unless someone appeals. In order:

The citation and the notice to parents. The officer issues or files a citation, and the police department must notify the parents or guardian of a minor charged (18 Pa.C.S. 6308(d)).
A plea within 10 days. The person must plead guilty or not guilty to the issuing authority within 10 days (Pa.R.Crim.P. 407). A not guilty plea can be entered in person, or in writing with collateral equal to the fine and costs on the citation, or $50 when no amount is listed (Rule 408(A)).
A trial date or a program. After a not guilty plea, the district judge sets a trial date and notifies the person and the officer (Rule 408(B)). For a first offense, the judge may instead admit the person to the adjudication alternative program (6308(c)).
The summary trial. It is held at the district court, before the magisterial district judge, without a jury (Rule 454). Around Ellwood City that is the court described in the Ellwood City district court. Elsewhere, it is the district court for the area, listed on the Lawrence County courts page.
Sentence or dismissal. A conviction brings a fine and costs, and possibly an evaluation; a completed program ends in dismissal.
The appeal window. A conviction can be appealed for a new trial in the Court of Common Pleas within 30 days (Rule 460(A)).

What does the law prohibit?

Under 18 Pa.C.S. 6308(a), a person under 21 commits a summary offense if they attempt to purchase, purchase, consume, possess, or knowingly and intentionally transport liquor or malt or brewed beverages. Two details catch people out. Possession alone is enough, without drinking. And it is no defense that the drinking happened in another jurisdiction than the one where the citation was written.

Related charges are separate offenses with their own sections, such as misrepresenting age to buy alcohol (section 6307) and carrying a false identification card (section 6310.3). If the young person was driving, the DUI rules apply instead, with a lower alcohol limit of 0.02% for drivers under 21 (75 Pa.C.S. 3802(e)), and a driver under 21 is sentenced on the high rate tier, with at least 48 hours of imprisonment on a first offense (75 Pa.C.S. 3804(b)(1)). The full DUI penalties are in the Pennsylvania DUI penalties chart.

What are the penalties?

Underage drinking under 18 Pa.C.S. 6308
Item	What the law says
Grade	Summary offense
Fine, first violation	Up to $500
Fine, second and later	Up to $1,000
Jail	The general limit for summary offenses is 90 days (18 Pa.C.S. 1105)
Evaluation	May be required on a first violation; must be required on a later one (6310.5)
Driver's license	The former suspension section, 6310.4, was repealed by Act 95 of 2018

After the evaluation, the court may require an education, intervention or counseling program approved by the Department of Health, and the person pays for it (6310.5(b), (c)). Court costs are added to any fine.

Can it be resolved without a conviction?

For a first offense, it may be. Section 6308(c) allows the magisterial district judge to admit the person to the adjudication alternative program in 42 Pa.C.S. 1520, or another preadjudication disposition, if they have not had one before for underage drinking. Under section 1520, no guilty plea is required; the program can include work, counseling, public service or education under an agency or organization, in a program the county court has approved; and its conditions may include costs, restitution and a reasonable charge for running the program. When it is completed, the judge dismisses the charge and the person owes no fine (1520(b), (c)). Two limits apply: acceptance still counts as a first conviction if there is a later charge, and only one is available for this offense. If the person refuses the conditions or fails to finish without good cause, the judge proceeds on the charge (1520(d)).

What if someone was calling for help?

Pennsylvania's safe harbor law protects young people who call for help. Under 18 Pa.C.S. 6308.1, a person may not be prosecuted for underage drinking if police learned of it because that person called 911, campus security, police or emergency services believing someone needed immediate medical attention to prevent death or serious injury, reasonably believed they were the first to call, gave their own name, and stayed with the person until help arrived. The person who needed help is protected too. The immunity covers only the underage drinking charge, and it does not apply if police already knew about the offense independently.

What if I do nothing?

Paying the fine is a guilty plea and a conviction, which closes the door on the program described above. Letting the 10 days pass can lead to a warrant, as explained in what happens if you ignore a citation. A person who pleads not guilty and then misses the trial is usually tried in their absence; if found guilty, they are notified by mail of the conviction and the 30-day appeal right, and a warrant may follow if they do not respond within 10 days (Rule 455(A), (D), (F)).

Can an underage drinking conviction be expunged?

Yes, through a route written for this offense. Under 18 Pa.C.S. 9122(a)(3), a person who is 21 or older and was convicted of underage drinking for an offense that happened on or after their 18th birthday may petition the Court of Common Pleas in the county of conviction, once every term of the sentence has been satisfied. The court then "shall order the expungement" of the criminal history record and PennDOT's records of the conviction. Separately, the Clean Slate law places any summary conviction under limited access once five years have passed and restitution is paid (18 Pa.C.S. 9122.2(a)(3)). The other record tools are explained in clearing a criminal record in Pennsylvania.

What changes the answer?

Whether it is the first offense. The program in 42 Pa.C.S. 1520 is available once for underage drinking (6308(c)), and the fine cap rises from $500 to $1,000 after the first violation (6308(b)).
Driving. Any alcohol at 0.02% or more behind the wheel turns the case into a DUI under 75 Pa.C.S. 3802(e), with mandatory jail (3804(b)).
A call for help. The safe harbor in 6308.1 bars prosecution when its conditions are met.
Age at the time of the offense. The expungement route in 9122(a)(3) covers offenses on or after the 18th birthday, once the person is 21.
Other charges from the same night. A false ID, disorderly conduct or public drunkenness charge is a separate offense with its own record consequences, explained in disorderly conduct in Pennsylvania.

A worked example

For example, take a hypothetical 19-year-old (not a real case) who is cited for possessing beer at a gathering in Ellwood City, with no earlier record and no driving involved.

The police department notifies the parents (6308(d)). Within 10 days, the young person pleads not guilty to the Ellwood City district court instead of mailing in the fine (Rule 407). At the hearing, the district judge admits them to the adjudication alternative program, without a guilty plea, with conditions such as community service and an education program and a program charge (42 Pa.C.S. 1520(b)). When the supervising agency reports the program complete, the judge dismisses the charge (1520(c)), and charges that end in a final disposition other than a conviction are among the records Clean Slate places under limited access (9122.2(a)(2)). If the same person had simply paid the fine, the conviction would stay on the record until they turned 21 and petitioned for expungement under 9122(a)(3).

Common mistakes with underage drinking citations

Paying the fine to make it go away. That is a guilty plea and a conviction, and it ends the chance at the program.
Missing the 10-day deadline. Rule 407 starts the clock on the citation, and inaction can lead to a warrant.
Assuming a license suspension is coming. The automatic suspension was repealed in 2018; the DUI law, not 6308, controls if the person was driving.
Mailing a not guilty plea without the collateral. A written plea must include collateral equal to the fine and costs, or $50 if none is listed (Rule 408(A)(2)).
Forgetting the expungement at 21. The record does not clear itself under 9122(a)(3); a petition is needed.

What to do this week

Read the citation: note the offense, the issuing district court and the date it was issued.
Count 10 days from that date and enter a plea before then, in person or in writing.
Do not pay the fine unless you have decided to plead guilty.
If this is a first offense, ask about the adjudication alternative program at the first appearance.
Write down whether anyone called 911 for help that night, and who made the call.
Look up the case on the UJS Portal and put any hearing date on the calendar.

Frequently asked questions

Will an underage drinking citation suspend my driver's license?

No, not under 6308. The suspension section, 6310.4, was repealed by Act 95 of 2018. A license can still be suspended if the person was driving and is charged with DUI.

Do I have to go to court in person?

A plea can be entered in writing, but a not guilty plea by mail must include collateral (Rule 408(A)(2)). If you plead not guilty and miss the trial, the trial is usually held without you (Rule 455).

Will my parents be told?

Yes, for a minor. The police department that makes the arrest must notify the parents or guardian of a minor charged (6308(d)).

Can I go to jail for underage drinking?

The general limit for a summary offense is 90 days (18 Pa.C.S. 1105).

Does the program count against me later?

For one purpose. Acceptance into the 1520 program counts as a first conviction if there is a later charge, which matters for grading and fines on a second offense (1520(a)).

Can a college or employer see the citation?

A conviction can appear on background checks until it is expunged or sealed. What employers may and may not do with records is covered in employers and old convictions in Pennsylvania.

What if I was also cited for public drunkenness?

That is a separate summary offense with its own fines, covered in the penalty for public drunkenness. Both citations need a response within 10 days.

If you or your son or daughter received an underage drinking citation in Ellwood City, New Castle or anywhere in Lawrence County, call before the 10 days run out. You work directly with me, and the first consultation is always free and confidential.

What happens after an underage drinking citation in Pennsylvania?