Criminal Defense

Underage Possession of Alcohol in Florida

Florida takes underage possession of alcohol seriously and violating § 562.111 can lead to severe legal consequences for minors. This statute makes it unlawful for individuals under the age of 21 to possess or consume alcoholic beverages. Even a simple mistake can result in criminal charges that carry lasting repercussions for a young person’s future.

At Metcalf Falls, Criminal Defense Attorneys, P.A., we understand how overwhelming and confusing these charges can be. Our experienced legal team is here to protect your rights, explain your options, and help you navigate the legal process. If your child has been charged with underage possession of alcohol, contact us immediately for guidance and representation.

What Is Underage Possession of Alcohol?

Under Florida Statute § 562.111, it is illegal for anyone under 21 to possess alcoholic beverages, regardless of whether the alcohol is consumed or just in the person’s possession. This law applies in both public and private settings, making it crucial for minors to understand their rights and responsibilities when it comes to alcohol.

Importantly, the law does not require proof of actual consumption; simple possession is enough to warrant a charge. To secure a conviction, the prosecution must prove the following elements:

  1. The accused was under 21 at the time of the incident – This ensures the law is only applied to minors.
  2. The accused knowingly possessed or controlled an alcoholic beverage – The individual must have been aware that they had possession or control over the alcoholic beverage, which could include holding, carrying, or storing the alcohol. 

Are There Exceptions?

While Florida law is strict about underage alcohol possession, there are specific exceptions where minors may legally possess alcohol:

  1. Employment-Related Possession: Minors who work in establishments licensed to sell alcohol (such as restaurants or grocery stores) may legally handle or possess alcohol as part of their job responsibilities. However, this only applies when the alcohol is part of the job duties and is not for personal use.
  2. Parental Supervision: In certain situations, a minor may consume alcohol under the direct supervision of a consenting parent or guardian. This exception typically applies in private settings, such as in the home, where the parent or guardian is present and allows the minor to consume alcohol. The law does not specify an exact age when this is allowed, but it is generally understood that the parent or guardian’s permission and supervision are key factors.

What Are the Penalties for Underage Possession of Alcohol?

A violation of Florida Statute § 562.111 is classified as a second-degree misdemeanor, which can carry severe legal and personal consequences. The penalties depend on whether it is the minor’s first offense or a subsequent one:

First Offense:

  • Up to 60 days in jail – While jail time is not mandatory for a first offense, it remains a possibility.
  • Fines of up to $500 – A fine can be imposed to discourage future violations.
  • Mandatory completion of an alcohol education or intervention program – This may include classes or counseling designed to address alcohol-related behavior.
  • Suspension of driving privileges for six months to one year – This is a significant consequence, as it can disrupt the minor’s ability to drive to school, work, or social events.

Subsequent Offenses:

  • Up to one year in jail – If the minor is convicted of underage possession of alcohol again, the penalties increase significantly, with the possibility of jail time.
  • Fines of up to $1,000 – Fines can increase substantially for repeat offenders.
  • Longer suspension of driving privileges – The minor could face an extended suspension of their driver’s license, often for one year or more, which can have a major impact on daily life and mobility.

Additional Consequences

Beyond the direct legal penalties, an underage possession conviction can lead to long-term consequences that affect many aspects of life:

Permanent Criminal Record

A conviction will result in a permanent criminal record, impacting the individual’s future prospects.

Impact on College Admissions, Scholarships, or Employment

Many colleges and universities conduct background checks during the admissions process, and a criminal record can make it more difficult to gain acceptance or qualify for scholarships. Similarly, certain employers may be less inclined to hire someone with a criminal history, particularly for jobs that involve handling alcohol or working with the public.

Increased Insurance Premiums or Loss of Coverage

A conviction for underage possession of alcohol can lead to higher car insurance premiums or, in some cases, the loss of insurance coverage entirely, especially if the minor has a driver’s license.

How Can a Criminal Defense Attorney Help?

Understanding the law and its potential consequences is essential for minors to avoid facing legal penalties and the long-term impact of a criminal conviction.

If you or someone you know is facing an underage possession charge, it’s crucial to seek legal counsel to explore options for defense and mitigate the possible outcomes. Potential defenses against underage possession charges include:

  • Lack of Knowledge: Arguing that the minor was unaware they were in possession of alcohol.
  • No Possession: Demonstrating that the accused did not have actual or constructive possession of the beverage.
  • Illegal Search or Seizure: Challenging evidence obtained in violation of the accused’s constitutional rights.
  • Exception to the Law: Establishing that the situation falls under one of the statutory exceptions.

Why Choose Metcalf Falls?

Facing an underage possession of alcohol charge can be intimidating, but you don’t have to face it alone. At Metcalf Falls, we provide compassionate yet aggressive legal representation to protect your child’s future. Our attorneys are well-versed in Florida’s alcohol possession laws and have successfully defended minors in similar cases.

If your child has been charged under § 562.111, time is critical. Contact Metcalf Falls, Criminal Defense Attorneys, P.A., to schedule a free consultation. Let us help you fight the charges and safeguard your child’s future.

FAQs About Underage Possession of Alcohol 

Can a conviction for underage possession be expunged?

Yes, in some cases, minors may be eligible to have their records sealed or expunged after completing court requirements. Expungement can provide a fresh start and remove the conviction from public records.

Is possession of alcohol in a parent’s home still illegal?

Possession may be legal if the parent consents and is present, but the laws can vary depending on the situation. Some circumstances may still result in legal issues, so it’s best to be aware of local regulations and avoid potential risks.

What should I do if my child is charged with underage possession?

Contact an experienced criminal defense attorney immediately to understand the charges, potential defenses, and how to protect your child’s rights. Acting quickly can help build a strong defense and potentially mitigate the consequences.

Will my child lose their driver’s license?

Yes, even if the offense does not involve driving, Florida law mandates license suspension for underage alcohol possession. The suspension period can vary based on prior offenses and other factors, making it crucial to address the charge promptly.

What happens if my child violates probation terms?

Probation violations can result in additional penalties, including extended probation, fines, or incarceration. It’s important to comply with all conditions to avoid further legal trouble and seek legal advice if any issues arise.

Why Work With Our Florida Juvenile Defense Attorneys?

If your child is facing charges for underage possession of alcohol in Florida, it’s important to understand that even a seemingly minor offense can have serious long-term consequences. An underage alcohol charge can result in fines, a criminal record, and a possible suspension of their driver’s license, which can affect their future opportunities. Working with an experienced juvenile defense attorney like Brett Metcalf can help protect your child’s rights and minimize the impact of the charge.

Brett Metcalf’s background as a former prosecutor at the State Attorney’s Office provides him with a unique insight into how juvenile alcohol-related offenses are handled. He uses this experience to create a tailored defense strategy that may involve challenging the evidence, seeking alternatives to a conviction, or working to have charges reduced or dismissed altogether.

Since 2012, Brett has successfully represented Florida juveniles facing underage alcohol charges. He is committed to helping your child avoid the lasting consequences of a conviction and works closely with families to explain the options available for resolving the case, whether it’s through diversion programs, educational courses, or other rehabilitative measures.

Brett’s dedication has earned him widespread recognition, including being named a Super Lawyers Rising Star and holding a perfect 10 rating on Avvo.com. With over 90 five-star reviews, his proven track record demonstrates his commitment to helping clients move forward without a criminal record holding them back.

Start Your Defense Against Underage Alcohol Possession Charges Today

Underage alcohol possession charges can have lasting consequences, but with the right defense, you can fight for a second chance. At Metcalf Falls, Criminal Defense Attorneys, P.A., we have a proven track record of defending minors against serious criminal charges.

Call us at (813) 981-7005 or fill out our online form for a free consultation. Together, we’ll build a defense to protect your child’s rights and future.

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