Q: My son was caught underage drinking on a college campus. He was not breathalyzed, he admitted he drank. Can he be charged? Public safety supposedly questioned my son and friends. Three of them admitted to drinking, the others did not. They were told possible underage drinking charge or noise violation would be the outcome. We have to wait until the paperwork is mailed to us. Should I get a lawyer?
A: Yes, he can be charged with Possession, Consumption or Transportation of Alcohol under section 6308 of the crimes code. Hire a local lawyer. The lawyer will know different ways to ultimately get the case dismissed so your son can leave this event without a criminal record. Otherwise, this offense, although only a summary level crime, will stay on his record for 5 years and he can only expunge it if he has been arrest free in that 5 years. In addition, he will face a driver’s license suspension from PennDOT, if he pleads or is found guilty.