1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, further providing for purchase, 
3consumption, possession or transportation of liquor or malt 
4or brewed beverages.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Section 6308 of Title 18 of the Pennsylvania
8Consolidated Statutes is amended by adding a subsection to read:

9§ 6308. Purchase, consumption, possession or transportation of
10liquor or malt or brewed beverages.

11* * *

12(g) Prearrest breath test authorized.--

13(1) If a police officer has a reasonable suspicion that
14a minor has consumed alcohol, the officer may request that
15prior to arrest, the minor submit to a preliminary breath
16test in accordance with the following:

17(i) The test shall be performed using a device
18approved by the Department of Health for this purpose.

19(ii) The purpose of a preliminary breath test is to

1assist the officer in determining whether the minor
2consumed alcohol.

3(iii) An individual does not have a right to expect
4or demand a preliminary breath test.

5(2) Notwithstanding 75 Pa.C.S. § 1547 (relating to 
6chemical testing to determine amount of alcohol or controlled 
7substance), a positive test result may be offered as evidence 
8that a minor consumed alcohol in violation of this title.

9(3) The fact that the minor refused to submit to a
10preliminary breath test may be introduced into evidence along
11with other testimony concerning the circumstances of refusal.
12No presumptions may arise from the refusal but the refusal
13may be considered along with other factors.

14Section 2. This act shall take effect in 60 days.