Pennsylvania Alcohol Laws: Avoid Trouble with the Law

This page will help you understand Pennsylvania alcohol laws and avoid expensive fines or even jail. Not to mention time and embarrassment.

Pennsylvania alcohol laws apply to its residents and visitors alike. Its alcohol laws differ from those of other states. They’re prohibition-oriented. There’s a simple reason for this.


          Overview
I.   Minimum Age Laws
II.  More Alcohol Laws
III. Resources
IV.  Get Legal Advice

At the end of National Prohibition in 1933, the governor was a committed teetotaler. He strongly opposed Repeal. So he called a special session of the General Assembly. He got it to form the Pennsylvania Liquor Control Board.

The purpose of the Board was simple. It was to discourage drinking alcohol “by making it as inconvenient and expensive as possible.”

Pennsylvania alcohol laws still reflect that purpose. The state has a government monopoly on the sale of distilled spirits. That’s whiskey, rum, tequila, gin, vodka, Scotch, rye, and all other spirits.

I. Minimum Age Laws

Some young people would like part-time jobs. Some involve work around alcohol. They want to know minimum ages. What is the age to be a bartender? To be a server in a venue selling alcohol to drink there? Or for selling alcohol in a venue to drink elsewhere?

The state’s alcohol laws permit adults to tend bar. That is, persons 18 or older. They may also serve in venues selling alcohol for drinking on-site.

Adults of the same age may sell alcohol in a venue for drinking off-site. Persons aged 17 can tend bar, serve alcohol, or sell alcohol in off-premises sales locations under one of two conditions. The law considers them adults if they have graduated high school. Or if the head of their school district certifies they have reached their “academic potential.”

The use of a false ID to buy alcohol is illegal. It’s also illegal for those under 21 to drive with any alcohol in their system. Their blood alcohol concentration (BAC) must be no higher than 0.00%.

II. More Pennsylvania Alcohol Laws

A. Selling Alcohol

pennsylvania alcohol lawsPennsylvania’s government monopoly stores can sell from 9 a.m. to 10 p.m. Monday through Saturday. On Sunday, they can operate from 11 a.m. to 7 p.m. Monopoly stores sell spirits and wine but not beer.

Only beverage distributors may sell beer in larger quantities. That’s cases and kegs of beer. However, they may not sell wine or spirits at all. Nor may they sell on Sunday without buying a special license. Even then, they may not sell before 11 a.m.

Restaurants, bars, and other retailers with licenses may sell beer and wine in smaller quantities. They may not sell more than 192 fluid ounces of beer per purchase. Nor may they sell more than four bottles of wine per purchase.

Restaurants and bars must close at 2 a.m. But for private clubs, it’s 3 a.m.

Grocery and convenience stores may sell wine if they buy a license to do so.

Airports may sell alcohol by the glass from 5 a.m. Sports venues may to sell mixed drinks in shatterproof containers.

B. Buying Alcohol

pennsylvania alcohol lawsPennsylvania alcohol laws prohibit anyone under age 21 to buy, or attempt to buy, alcohol.

Most states permit those under 21 to drink alcohol under certain conditions. For example, as part of religious services, with parents, with a spouse, and so on. But in Pennsylvania it is even illegal to drink communion wine. Many think this violates religious freedom. That would probably outrage William Penn.

People under age 21 may also be convicted of illegal drinking even if they are abstaining Designated Drivers. This often occurs at parties. It’s for the convenience of police who don’t want to breath-test everyone at the party. Unfortunately, this may discourage life-saving Designated Driving.

C. Driving

Pennsylvania alcohol lawsPennsylvania alcohol laws prohibit anyone age 21 or older to drive with a BAC of 0.08% or higher.

For those under 21, including adults, it’s 0.02%. It’s not 0.00% for several reasons.

One is that breathalyzers are inaccurate. Another is that everyone’s body naturally produces alcohol. And they don’t wait until age 21 to do so. A third is that many meds as well as foods contain alcohol. For example, al baked goods do. And the list is very long.

Thus, setting the level at 0.02% reduces the chance of convicting innocent people.

Penalties

The penalties for driving under the influence (DUI) depends on the circumstances and the judge. However, the law provides ranges as well as mandatory penalties.

   First Conviction

A first conviction for a BAC of 0.08% to 0.99% is six months probation and a $300 fine. If it’s between 0.10% and 0.159%, the penalty is two days to six months imprisonment. The fine is between $500 and $5,000. And there’s a one-year driver’s license suspension. If the judge permits, it’s possible to have a restricted license after 60 days.

For a BAC over 0.16%, jail is a minimum of three days. But could be up to six months. The fine is $1,000 to $5,000. And the driver’s license suspension is for one year. If the judge permits, it’s possible to get a restricted license after 60 days.

   Second Conviction

The penalties for a second conviction for a BAC of 0.08% to 0.99% is jail for five days to six months. The fine is $300 to $2,500 and the license suspension is one year. If the BAC is from 0.10% to 0.159%, jail is 30 days to six months. The fine is $750 to $5,000. And the license suspension is for one year. For a BAC of 0.16% or higher, it’s prison for at least 90 days. However, it could be as long as five years. The fine is $1,500 and the license suspension is for 18 months.

Also, for all second convictions, offenders must pay for an ignition interlock device (IID) their vehicle for one year. This equipment makes it impossible to start the vehicle if there is alcohol in the driver’s breath. The judge may also order alcohol abuse treatment.

   Third Conviction

The penalties for a third conviction increase. For a BAC between 0.08% and 0.99% it’s jail for at least ten days. But it could be up to two years. The fine is $500-$5,000 and the license suspension is one year. For a BAC from 0.10% to 0.159%, it’s jail for 90 days to five years. The fine is at least $1,500. But it could be as high as $10,000. In addition, the license suspension is for 18 months.

A third conviction also requires an IID for one year. And the judge may require alcohol abuse treatment. Of course, the offender would have to pay for this.

Important is the fact that state law prohibits plea bargaining to an offense lower than DUI.

Constitutional Right

The U.S. Constitution gives everyone the right to refuse a breathalyzer test. However, the state treats using that right as proof of guilt. Therefore, it punishes declining to take a test with a license revocation of one year. For using that right on a second occasion, the punishment is a revocation for 18 months.

Field Sobriety Test

Note that this penalty does not apply to declining to take a field sobriety test. They are highly subjective and unreliable. In fact, almost one third of completely sober people fail.

Therefore, DUI lawyers strongly recommend not taking them. They say to decline politely but firmly. And to do so as often as necessary.

However, that may take strong willpower. That’s because police use clever ways to get drivers to take them. For example, they often falsely say that the law requires it. That’s simply untrue. In fact, no law in any U.S. state requires it.

Sometimes officers say you can prove you’re not under impairment by passing the test. Furthermore, you don’t need to prove your innocence. To the contrary, the state must prove that you’re guilty! In addition, police don’t consider passing a field sobriety test to prove innocence!

While investigating, police can legally lie to you. No matter what they say, they’re looking for evidence to arrest you. In reality, they’re opponents at that point. So don’ be a sucker.

D. Boating

pennsylvania alcohol lawsThe possession of alcohol is prohibited on the land and water of all state parks. It’s also illegal on many other waterways.

It’s a violation of Pennsylvania alcohol laws to operate a boat with a BAC of 0.08% or higher. Conviction can result in jail and/or fines. In addition, there may be a suspension of the the operator’s license.

If the BAC is below 0.08%, an officer may arrest the operator for reckless or negligent operation of a vessel. Or for disorderly conduct, underage drinking, or some other charge.

The state punishes boat operators who use their Constitutional right to decline a breathalyzer test. To do so it suspends their operator’s license for one year. It may also falsely claim in court that the use of their right is necessarily evidence of guilt.

III. Resources on Pennsylvania Alcohol Laws

IV. Legal Advice on Drinking Laws in Pennsylvania

Pennsylvania alcohol laws can change. Courts can change their interpretation. County and local laws vary across the state. They, too, can change. Lawyers study law for years. It isn’t a DIY project. So don’t rely on this site. Nor on any other site. The stakes are too high.

And beware. Friends may give advice. Neighbors may give their views. Co-workers may opine. And family may chime in. Smile and thank them. Then ignore what they say. It could be misleading.

pennsylvania alcohol lawsGet information and advice about Pennsylvania alcohol laws from an expert. That is a lawyer with a license in the state. Pennsylvania’s drinking laws are highly variable and complex. Many are very local. For this reason, it’s a good idea to select an attorney who practices locally.

But the very best advice is this. Don’t drink and drive

 

At this point you know more about Pennsylvania alcohol laws by far than most residents of the state. Congratulations!