Fighting For Important Causes In State And Federal Courts
Unrebutted evidence of alcohol ingestion obtained from a PBT device, in conjunction with evidence of a defendant’s minority age, is
sufficient to establish the offense of underage consumption of alcohol. Commonwealth v. Breslin, 732 A.2d 629, 631 (Pa.Super. 1999), citing
Commonwealth v. Allen, 684 A.2d 633 (Pa.Super. 1996).3 Compare: Commonwealth v. Myrtetus, 580 A.2d 42 (Pa.Super. 1990) (PBT device
reading is not admissible to establish level of alcohol for purposes of determining guilt for driving while under the influence of alcohol).
see: Commonwealth v. Brigidi