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The Consequences for a Minor Charged With Possession of Alcohol in Florida

In the state of Florida, anyone under the age of 21 is considered a minor, and it is illegal to possess any commercial alcoholic beverage or mixed beverage that contains more than 5% alcohol. A minor charged with possession of alcohol faces dire consequences, especially in a zero-tolerance state like Florida. Apart from any fines or jail time, your record can be affected, which can prevent employment or school opportunities. However, if an employee over the age of 18 has a job that requires them to drink alcohol, they can possess it but not consume it.

Possession of alcohol is considered an “enhanceable” offense, meaning the penalties a minor convicted of possession faces are increased if the individual has any prior convictions. According to Florida Statute 562.111, if this is the first charge the juvenile has faced, the offense is considered a misdemeanor of the second degree and penalties may include:

• Up to 60 days in prison.

• Up to 6 months of trial.

• Up to $500 in fines.

The court must also revoke the individual’s driving license for at least 6 months, but this restriction can be applied for up to 12 months if the court deems it necessary. For a second possession conviction, the offense is a misdemeanor of the first degree and the individual faces fines of up to $1,000 and/or one year in jail.

Legally, however, the court has a lot of freedom to decide on alternative punishment. Often, as a substitute or supplement to other punishments, the minor may be instructed to attend alcohol education classes. These classes, which teach attendees about the dangers of alcohol and how to resist peer pressure, can be effective in preventing future offending. Offenders can take the courses online if they prefer, which can provide more privacy for the person attending. A juvenile defense attorney may be advisable, as they can work to obtain these types of penalties as an alternative to prison for the defendant.

In addition, anyone over the age of 21 who supplies alcohol to a minor is liable for any damage or injury the minor causes as a result. Any adult who knowingly allows minors to drink, including at parents’ housewarming parties, can be charged with a second-degree misdemeanor, which carries up to 60 days in jail and $5,000 in fines.

Similarly, if a teenager possesses a false ID, either borrowed or forged, they can be fined $5,000 or sentenced to up to 5 years in prison. Anyone who helps someone obtain or use a false ID also faces the same penalties.

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