Holiday Parties, Teens, and Alcohol in Pennsylvania: Underage Drinking, Fake IDs, Furnishing to Minors, and What Parents Risk

Scope. This guide is for parents, teens, college students and party hosts in Easton, Northampton County, Lehigh County and the rest of the Lehigh Valley. It explains:

• what an underage-drinking or fake-ID citation means, for someone under 18 and for someone 18 to 20;
• what adults risk when people under 21 drink at a party they host;
• how Pennsylvania's 911 safe harbor works;
• how to respond to a citation and clear the record afterward.

It is general information, not legal advice about a particular case. Official sources were checked on October 3, 2026.

The short version

• Underage drinking is a summary offense. A person under 21 who buys, tries to buy, drinks, possesses or knowingly transports alcohol can be fined up to $500 for a first violation and up to $1,000 after that, and a defendant 18 or older can also be jailed for up to 90 days. When police arrest anyone under 21 for underage drinking, even a 20-year-old, the law requires them to notify the parents. A 2018 law ended the driver's license suspension that used to come with underage-drinking and fake-ID convictions.
• A first fake-ID offense is also a summary offense. A second is a misdemeanor, and making or selling fake IDs for others is a more serious misdemeanor. A fake or altered Pennsylvania driver's license can also be charged as a first-degree misdemeanor under the Vehicle Code.
• Furnishing alcohol to anyone under 21 is a misdemeanor, punishable by up to a year in jail, with a mandatory fine of at least $1,000. "Furnish" includes allowing a minor to possess alcohol on property you own or control. The only express exception is for limited ceremonial wine at religious services; there is none for parents or ordinary drinking at home.
• Hosts can also be sued, and in the worst cases charged with homicide. Pennsylvania's leading social-host case began at a company Christmas party.
• Calling 911 is protected. If someone needs urgent medical help and you call, give your name and stay, Pennsylvania's safe-harbor law generally bars an underage-drinking charge against you and the person you helped.
• Under 18, the case usually starts with a district judge, not juvenile court. A magisterial district judge cannot sentence a child to jail for a summary offense.
• Both counties have diversion programs for first underage-drinking citations, and the record can then be cleared. Eligibility is decided case by case.
• Under 21 and driving, the limit is 0.02%. For drivers 18 to 20, a first conviction brings at least 48 hours in jail and generally a 12-month license suspension. A younger driver's case starts in juvenile court, and an adjudication there brings the same suspension.

When this comes up: the 2026 holiday calendar

College students come home, family parties fill the calendar, and the Lafayette–Lehigh game comes to Easton. Underage-drinking citations are not rare here: in 2023, 117 underage-drinking offenses were filed in Northampton County and 91 in Lehigh County, according to the state court system.

What a teen or college student can be charged with

Underage drinking

A person under 21 commits a summary offense if he or she "attempts to purchase, purchases, consumes, possesses or knowingly and intentionally transports any liquor or malt or brewed beverages." 18 Pa.C.S. § 6308(a). Easton sits across the river from New Jersey, so note this sentence: "it shall not be a defense that the liquor or malt or brewed beverage was consumed in a jurisdiction other than the jurisdiction where the citation for underage drinking was issued."

• Fine. A fine of "not more than $500 for the first violation and not more than $1,000 for the second and each subsequent violation." § 6308(b).
• Jail. For a defendant 18 or older, underage drinking, like other Crimes Code summary offenses, can bring up to 90 days in jail. 18 Pa.C.S. § 1105. A child before a district judge cannot be jailed for one (see below).
• Evaluation and classes. For a first violation, the court "may" require an evaluation; for a later one, it "shall." The court may also require "a prescribed program of education, intervention or counseling," at the person's own cost. 18 Pa.C.S. § 6310.5.
• No license suspension. Act 95 of 2018 repealed the operating-privilege suspension for underage drinking and fake-ID offenses, effective in 2019. 18 Pa.C.S. § 6310.4 (repealed). Older websites still describe it.
• Parents are told. "The police department making an arrest for a suspected violation of subsection (a) shall so notify the parents or guardian of the minor charged." § 6308(d). A "minor" here is anyone under 21: Pennsylvania law defines the word as "[a]n individual under the age of 21 years." 1 Pa.C.S. § 1991. The fake-ID law has the same notice rule. § 6310.3(e).

Fake IDs and lying about age

• Carrying or using a fake ID is "a summary offense for a first violation and a misdemeanor of the third degree for any subsequent violation." It covers an ID falsely showing the person as 21 or older, and using someone else's ID to get alcohol. 18 Pa.C.S. § 6310.3.
• Lying about age to get alcohol follows the same pattern: a summary offense the first time, a third-degree misdemeanor after that. 18 Pa.C.S. § 6307.
• Making, altering or selling fake IDs for other people is a second-degree misdemeanor. For an adult conviction, the mandatory fine is at least $1,000 for a first violation and at least $2,500 for each later one. For a juvenile adjudication, the required fine is $500 the first time and $1,000 for each later adjudication. 18 Pa.C.S. § 6310.2.
• Other charges. Possessing or showing a fake or altered Pennsylvania driver's license can be charged as a first-degree misdemeanor under the Vehicle Code. 75 Pa.C.S. § 1571(a)(5), (b)(2). Depending on the facts, forgery charges are also possible, and forgery ranges from a first-degree misdemeanor to a felony. 18 Pa.C.S. § 4101.
• Jail limits. For a defendant 18 or older, the maximum jail terms for these offenses are 90 days for a summary offense, one year for a third-degree misdemeanor, two years for a second-degree misdemeanor and five years for a first-degree misdemeanor. 18 Pa.C.S. § 1104; § 1105.

Driving after drinking

For drivers under 21, the limit is 0.02%. A minor may not drive "after imbibing a sufficient amount of alcohol such that the alcohol concentration in the minor's blood or breath is 0.02% or higher within two hours" after driving. 75 Pa.C.S. § 3802(e).

• Penalties at 18 to 20. For an ordinary first conviction under the under-21 provision, the high-BAC sentencing tier applies: "imprisonment of not less than 48 consecutive hours," a fine of $500 to $5,000, alcohol highway safety school and any required treatment. 75 Pa.C.S. § 3804(b)(1). Higher penalties can apply for a highest-BAC or drug-related DUI or a qualifying refusal.
• License. A conviction ordinarily brings a 12-month suspension, and the first-offense no-suspension exception for adults does not apply. A first-degree-misdemeanor or felony DUI brings an 18-month suspension. § 3804(e)(2). A juvenile court adjudication brings the same applicable suspension. § 3804(e)(1). Juvenile court does not offer DUI ARD; a juvenile consent decree brings a six-month suspension instead. § 3804(e)(2)(v). With ARD in adult court, the suspension is "90 days if the defendant was a minor at the time of the offense." 75 Pa.C.S. § 3807(d)(4).
• Testing. Implied consent applies to drivers of every age. Our refusal guide and license guide explain the rest.

Under 18: where the case goes

Underage drinking is a summary offense, and the Juvenile Act's definition of a "delinquent act" leaves out summary offenses. 42 Pa.C.S. § 6302. So a citation against a 16- or 17-year-old usually goes to the local magisterial district judge, not juvenile court.

• Notice to parents. The citation itself must note whether the defendant is under 18 "and whether the parents or guardians have been notified of the charge(s)." Pa.R.Crim.P. 403(A)(3).
• No jail. A magisterial district judge cannot sentence a child to jail for a summary offense. 42 Pa.C.S. § 6303(b).
• Privacy. The Juvenile Act's rules on inspecting court files and closing hearings to the public also apply to a child's summary case before a district judge. § 6303(c).
• Unpaid fines. If a child does not comply with the sentence, that failure becomes a delinquent act, and "notice of the fact shall be certified to the court." § 6302.
• When juvenile court does get the case. A misdemeanor charge, such as a second fake-ID offense or a DUI, starts in juvenile court. If a delinquency petition is filed, a summary charge from the same incident goes with it. § 6303(a)(5). Our juvenile defense page explains that process.

18 to 20: college students home for break

An 18-, 19- or 20-year-old is an adult defendant before the district judge. The full penalties above apply, including possible jail, and so do the diversion options described below. Three more things matter for college students.

Parents are still notified. The notice rules cover anyone under 21, so police who arrest a 19- or 20-year-old for underage drinking or a fake ID must notify the parents too. 18 Pa.C.S. §§ 6308(d), 6310.3(e); 1 Pa.C.S. § 1991.

The school can act too. Lafayette, Lehigh and Muhlenberg all reach conduct off campus or during breaks:

• Lafayette College. Its code covers "conduct that occurs between semesters" and off-campus behavior "when such behavior adversely impacts the College community." Student Code of Conduct.
• Lehigh University. Its code's jurisdiction "shall not be limited to conduct that occurs on Lehigh University premises," and the university "reserves the right to enforce this Code whether or not civil authorities have acted." Code of Conduct.
• Muhlenberg College. Its alcohol policy is "in effect throughout the calendar year." Student Alcohol Policy.

Hosts under 21 can be charged with furnishing. In Commonwealth v. Lawson, 759 A.2d 1 (Pa. Super. Ct. 2000), police answering a noise complaint found a keg party at an apartment the defendant shared with three roommates. He was also convicted of underage drinking, and instead of stopping the party, he drank with his guests. The Superior Court upheld his furnishing conviction, holding that the word "person" in the furnishing law "does not distinguish between a minor or an adult." Civil liability is narrower: when the underage guest sues, one minor does not owe another a social-host duty (see below).

What parents and other hosts risk

The furnishing law

A person commits a third-degree misdemeanor "if he intentionally and knowingly sells or intentionally and knowingly furnishes, or purchases with the intent to sell or furnish, any liquor or malt or brewed beverages to a person who is less than 21 years of age." 18 Pa.C.S. § 6310.1.

• "Furnish" is broad. It means "[t]o supply, give or provide to, or allow a minor to possess on premises or property owned or controlled by the person charged." 18 Pa.C.S. § 6310.6.
• Knowingly allowing it is enough. The defendant in Lawson argued that, with three roommates, he did not have exclusive control of the apartment. The court rejected that argument: "Appellant could have ordered all of the individuals present to cease their unlawful activity. Instead, Appellant chose to consume alcoholic beverages along with his guests. Appellant's action, or lack thereof, indicated he condoned the illegal activity. That is all that is required under the statute."
• Mandatory fine, possible jail. The court must impose "a fine of not less than $1,000 for the first violation and a fine of $2,500 for each subsequent violation," and it cannot suspend that sentence. § 6310.1(c). As a third-degree misdemeanor, furnishing also carries up to one year in jail. 18 Pa.C.S. § 1104(3).
• No home or parent exception. The only express exception is for the limited amount of wine reasonably, customarily and traditionally required as an integral part of a religious service or ceremony in a private home or place of worship. There is no general parent or home exception. Collecting car keys may prevent a crash, but it is not a defense to furnishing.
• Guests under 18. Anyone 18 or older, including a college-age host, who furnishes alcohol to a guest under 18 may also be charged with corruption of minors, a first-degree misdemeanor punishable by up to five years in prison. 18 Pa.C.S. § 6301; § 1104(1).

When a party ends in tragedy

In Commonwealth v. McCloskey, 2003 PA Super 409, a mother knew teenagers were drinking at a party in her home and let it continue. After three teenagers died in a crash that followed the party, she was convicted of three counts of involuntary manslaughter. The Superior Court wrote: "We are certain that a parent who knows alcohol is being served to minors in her home is acting recklessly when she allows the conduct to continue."

Civil liability

• The duty. In Congini v. Portersville Valve Co., 470 A.2d 515 (Pa. 1983), an 18-year-old employee drank at his employer's Christmas party and was badly hurt in a crash. The Supreme Court held that hosts who serve alcohol to a person under 21 are negligent per se "and that they can be held liable for injuries proximately resulting from the minor's intoxication." The minor's own carelessness can be raised as a defense.
• Any amount counts. "[T]he breach occurs with the service of any alcohol to a minor, not just an amount sufficient to intoxicate the minor." Orner v. Mallick, 527 A.2d 521 (Pa. 1987).
• Knowledge is required. The "knowingly furnished" standard "requires actual knowledge on the part of the social host." Alumni Ass'n v. Sullivan, 572 A.2d 1209 (Pa. 1990). Parents who were away when their daughter had friends over, and who did nothing more than store alcohol "in their home in an unlocked area," were not liable. Winwood v. Bregman, 2001 PA Super 329. The answer can differ for a parent who knows teens are drinking.
• Minor hosts. One minor "does not owe a duty to another minor regarding the furnishing or consumption of alcohol." Kapres v. Heller, 640 A.2d 888 (Pa. 1994). Kapres was a suit by the injured 19-year-old guest himself; it did not decide claims by others the guest injures.
• Adult guests. For guests 21 and older, "there can be no liability on the part of a social host who serves alcoholic beverages to his or her adult guests." Klein v. Raysinger, 470 A.2d 507 (Pa. 1983). That rule does not reach guests under 21.

If someone needs help: the 911 safe harbor

Pennsylvania protects people who call for help. Under 18 Pa.C.S. § 6308.1, a caller cannot be prosecuted for underage drinking if all of these are true:

• police first learned of the caller's drinking because the caller contacted 911, campus security, police or emergency services "based on a reasonable belief that another individual was in need of immediate medical attention to prevent death or serious bodily injury";
• the caller "reasonably believed the individual was the first individual to make a 911 call or contact campus security, police or emergency services";
• the caller "provided the individual's own name";
• the caller "remained with the other individual needing medical assistance until a campus security officer, police or emergency services personnel arrived and the need for the individual's presence ended."

The person who needed help is protected too, if the caller qualifies. The protection covers only the underage-drinking offense. It does not cover furnishing, a fake ID, DUI or other crimes, and it does not apply if police already knew about the drinking.

Colleges have their own versions. Lafayette's Good Samaritan Policy and Lehigh's Medical Amnesty Policy generally keep students out of campus discipline when someone calls for help in an alcohol or drug emergency. Both come with conditions, such as meeting with an administrator or completing an evaluation, and exceptions for repeated or more serious violations. Lehigh's says plainly that it "does not grant amnesty for criminal, civil, or legal consequences." The message for a teen is simple: if a friend may be in danger, call 911, give your name and stay with your friend until you are no longer needed.

If your child is cited: what to do

• Mind the deadline. The citation names the district court. A defendant handed a citation must enter a plea "within 10 days after issuance of a citation." Pa.R.Crim.P. 407. If the paperwork comes by mail instead, the form itself says to respond "Within TEN (10) days of the issuance or receipt of this citation/summons." It also warns that "[f]ailure to respond within the time specified above may result in the issuance of a warrant for your arrest," and that sending the total due without marking a plea "will result in a guilty plea being recorded."
• Ask about diversion before pleading. Both counties have programs for first underage-drinking citations; see the table below. Eligibility is decided case by case, and a district judge can offer diversion for underage drinking only to someone who has not had it before for that offense. 18 Pa.C.S. § 6308(c)(1). In Northampton County, the district judge decides eligibility for summary ARD, court costs and any restitution must be paid first, and the defendant pays for the classes.
• Know what diversion leaves behind. A diversion still counts as a first offense if your child is later charged under the same law. A second underage-drinking charge then carries the higher fine limit, and a second fake-ID or lying-about-age charge can be a misdemeanor. 18 Pa.C.S. §§ 6307(d)(2), 6308(c)(2), 6310.3(d)(2). Prosecutors also keep a list of people whose diversion records were expunged, which can be used to decide later program eligibility, to identify people in criminal investigations and to grade later offenses. 18 Pa.C.S. § 9122(c).
• Declining to answer is a right; lying about identity can be a crime. Your child can politely decline to answer questions and ask for a lawyer, but should never give police a false name or someone else's ID. That can be a separate misdemeanor. 18 Pa.C.S. § 4914. Our guide, Should I Talk to the Police Without a Lawyer in Pennsylvania?, explains how to decline questioning.
• Check the school's rules. A college student may face a separate campus process with its own deadlines.
• Keep every paper, and calendar the hearing date.
• Plan the cleanup. Once the case ends, take the steps below to clear the record.

Northampton and Lehigh County at a glance

Clearing the record

• Offense at 18 to 20. At 21 or older, a person convicted of underage drinking may petition the Court of Common Pleas in the county of conviction once the sentence is complete. The court "shall order the expungement of all criminal history record information and all administrative records of the Department of Transportation relating to said conviction." 18 Pa.C.S. § 9122(a)(3).
• Offense under 18. Expungement is available once the person is 18 or older and "six months have elapsed since the individual has satisfied all terms and conditions of the sentence imposed for the violation." 18 Pa.C.S. § 9123(a)(2.2).
• Fake-ID and lying-about-age convictions. The two rules above cover underage drinking only. A summary conviction for one of these offenses at 18 or older may be expunged after five years free of arrest or prosecution. § 9122(b)(3). One committed under 18 can be expunged at 18 or older, six months after the sentence is satisfied, if there has been no felony or misdemeanor conviction or delinquency adjudication since then and none is pending. § 9123(a)(2.1).
• After diversion. Follow the county's process in the table above, and confirm that the expungement order was entered.

Our pardons and expungements page explains the broader options.

How a lawyer helps

• Diversion first. Identify the county's diversion route and protect eligibility before any plea.
• The facts. Review how police learned of the drinking, whether the safe harbor applies, and what was said.
• Parents and hosts. Advise on furnishing exposure, civil claims and insurance notice after a party goes wrong.
• School and record. Coordinate with a campus process, and file the expungement when the time comes.

Talk to a Lehigh Valley criminal defense lawyer

Madsen Law Offices represents teens, college students and parents in Northampton and Lehigh Counties from our office next to the Northampton County Courthouse. If your family received a citation, or a party has led to police involvement, call (484) 548-0529 or schedule a consultation. Next-day appointments are often available.