(a) General rule.--In an action or proceeding under this title or as provided in subsection (b) in which a material element of the offense is that a substance is liquor or a malt or brewed beverage, all of the following apply:
(1) Chemical analysis is not required to prove that the substance is liquor or a malt or brewed beverage.
(2) Circumstantial evidence is sufficient to prove that the substance is liquor or a malt or brewed beverage.
(b) Evidence presented by defendant.--Notwithstanding subsection (a), nothing shall prevent a defendant from presenting evidence that the substance is not liquor or a malt or brewed beverage.
(c) Applicability.--The provisions of subsection (a) shall apply to proceedings under Titles 18 (relating to crimes and offenses) and 42 (relating to judiciary and judicial procedure) and under the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code.
(Dec. 18, 1992, P.L.1411, No.174, eff. 60 days)
1992 Amendment. Act 174 added section 6312.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Section 6301 - Prosecutions under local ordinances superseded by title
Section 6302 - Time limitations
Section 6303 - Rights and liabilities of minors
Section 6304 - Authority to arrest without warrant
Section 6305 - Arrest of nonresident
Section 6306 - Costs for summary offenses
Section 6307 - Liability for costs not paid by defendant
Section 6308 - Investigation by police officers
Section 6308.1 - Payment to police or sheriff's office of one-half of reinstatement fee
Section 6310 - Disposition of impounded vehicles, combinations and loads
Section 6311 - Enforcement authority
Section 6312 - Liquor or malt or brewed beverages
Section 6313 - Enforcement of summary offenses in State park and forest lands
Section 6321 - Records of issuing authorities
Section 6322 - Reports by issuing authorities
Section 6323 - Reports by courts
Section 6324 - Failure to comply with provisions of subchapter
Section 6325 - Department records
Section 6326 - Traffic citation forms (Repealed)
Section 6327 - Inspection of records
Section 6328 - Admissibility of department records
Section 6342 - Written policies required
Section 6343 - Pursuit records