Possession of Alcohol by a Minor in Florida

Orlando Attorney’s Guide on Possession of Alcohol by a Minor in Florida

According to Sec. 562.111, Florida Statutes, Possession of Alcohol by a Minor is constituted when any person under 21 years of age has alcoholic beverages on their person. There are, however, certain circumstances under which underage persons can legally possess alcohol:

• When the person is at least 18 years old and is employed by a licensed establishment.
• When the person is at least 18 years old and is tasting alcohol as part of a postsecondary educational institution’s curriculum.

Penalties for Possession of Alcohol by a Minor in Florida

Fighting a Charge of Possession of Alcohol by a Minor in Florida

In Florida, to defend against a charge of Possession of Alcohol by a Minor, an experienced Orlando criminal defense attorney at Leppard Law can help you challenge the accusation by exploring various defenses.

It is the state’s burden to prove that you were in actual or constructive possession of alcohol. The state can prove actual possession if the alcohol was on your person, such as in your hand or pocket, or within your reach and control. Constructive possession means the alcohol was in a place over which you had control and knew the alcohol was present.

What are the other potential defenses?

Here are a few strategies a skilled Orlando criminal defense attorney can use to challenge the State’s case or prove your innocence:

• Motion to suppress: If the evidence against you was obtained in violation of your constitutional rights, your attorney could file a motion to suppress this evidence.
• Lack of supporting evidence: If there is no evidence supporting the charge against you, your attorney can use this to challenge the accusation.
• Alibi: If you were somewhere else at the time of the alleged crime, your attorney could use this information to defend you.

If you or a loved one are facing charges of Possession of Alcohol by a Minor in Central Florida, consider contacting an experienced criminal defense attorney at Leppard Law. Call us today for a no-cost initial consultation.

FAQs on Possession of Alcohol by a Minor in Florida

1. What constitutes Possession of Alcohol by a Minor in Florida?

Possession of Alcohol by a Minor is committed in Florida when any person under 21 years of age has alcoholic beverages on their person.

2. What are the penalties for Possession of Alcohol by a Minor in Florida?

For a first offense, it’s a second-degree misdemeanor punishable by up to 60 days in jail or 6 months of probation, and a $500 fine. A subsequent violation becomes a first-degree misdemeanor, punishable by up to 1 year in jail or 1 year of probation, and a $1,000 fine.

3. Can an underage person legally possess alcohol in Florida?

Yes, when the person is at least 18 years old and is employed by a licensed establishment or is tasting alcohol as part of a postsecondary educational institution’s curriculum.

4. What are the defenses for a Possession of Alcohol by a Minor charge?

A defense attorney can challenge the evidence, show a lack of supporting evidence, provide an alibi, or file a motion to suppress if evidence was obtained in violation of your constitutional rights.

5. Can a conviction for Possession of Alcohol by a Minor result in a suspension of your driver’s license?

No, the laws were amended in 2019 to remove this penalty.