The party was going great—until the sirens and flashing red and blue lights appeared. Suddenly, a fun night with friends turns into a legal nightmare. Now, you could be facing serious consequences under Florida’s underage drinking laws. What happens next could impact your future opportunities and driving privileges and even result in a criminal record.
If you or your child is facing accusations of underage possession, using a fake ID, or drinking and driving, you’re probably looking for help understanding what will happen next. This blog provides an overview of the specific Florida laws that apply to underage drinking and what you can do to protect your rights and future.
How Old Do You Have to Be to Drink in Florida?
Florida law prohibits anyone under 21 from purchasing, possessing, or consuming alcohol. While some states allow exceptions for drinking in private settings with parental consent, Florida has a zero-tolerance policy in most cases.
Understanding Florida’s Underage Drinking Laws
Florida’s underage drinking laws are designed to prevent underage alcohol consumption and its associated risks. The Sunshine State takes these offenses seriously, and the penalties can include a criminal record, criminal charges, hefty fines, and other penalties that can impact your future.
Florida Statutes Governing Underage Drinking
Two primary laws outline the state’s underage drinking laws.
Possession of Alcohol by a Minor
Under Florida Statute § 562.111, it is illegal for anyone under 21 years old to have alcohol in their possession. Even if the alcohol is unopened or belongs to someone else, minors can still face legal consequences.
A first-time offense is a second-degree misdemeanor, punishable by up to 60 days in jail, six months of probation, and a $500 fine. A second offense can be a first-degree misdemeanor involving up to one year in prison and a $1,000 fine.
Selling or Providing Alcohol to a Minor
Under Florida Statute § 562.11, anyone who sells, gives, or serves alcohol to a person under 21 years old can be charged with a second-degree misdemeanor. Repeated violations escalate the charge to a first-degree misdemeanor.
If an adult over 21 supplies alcohol to a minor, they may face legal consequences, including a criminal record and potential civil liability. Businesses and servers caught selling alcohol to minors can face fines, loss of their liquor license, and even jail time.
Underage DUI in Florida: Zero Tolerance Policy
Florida has a zero-tolerance policy for underage drinking and driving. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) has the authority to immediately suspend the license of any driver under 21 caught with a blood alcohol concentration (BAC) of 0.02% or higher, even if they are not legally intoxicated under standard DUI laws.
- First offense—license suspension for six months, and
- Second offense—license suspension for one year.
If your BAC is 0.05% or higher, you must complete a substance abuse course before your license is reinstated.
Unlike adults, whose legal limit is .08% BAC, people under 21 will face criminal penalties if they have a BAC of just .02%. An underage drinking violation can stay on your driving record and impact your future opportunities.
The Consequences of Underage Drinking in Florida
Beyond criminal charges, underage drinking can have dire collateral consequences.
- Fake ID charges. If you use a fake ID to buy alcohol, you could face additional criminal charges, such as fraud or identity theft.
- Impact on college and employment. Many universities have strict policies on alcohol violations, so if you are in college and pick up an underage drinking charge, it could lead to suspension or expulsion from the institution. A criminal record can also make it harder to secure a job.
It is essential to be aware of the potential long-term consequences of underage drinking, as it can have a significant impact on your future opportunities and goals. Seeking help and making responsible choices can prevent these negative outcomes.
Defenses
If you or your child is facing an underage drinking charge, a strong legal defense can make a significant difference. Possible defenses include:
- Unlawful stop or search—can result in the suppression of critical evidence;
- Mistaken identity—lack of clear evidence conclusively proving it was the defendant who possessed the alcohol;
- Lack of possession—if police found the alcohol in a shared location, your Orlando DUI attorney can argue that it belonged to someone else;
- Parental exception—a person under 21 can legally consume alcohol in Florida if they are doing so with the supervision and consent of a parent or guardian and are in a private setting;
- Religious—there is an exception for valid religious observations, such as communion, that include the ingestion of alcohol; and
- Lack of knowledge—the State must prove that you knew you possessed alcohol.
The prosecution must prove either ‘actual possession’ (the alcohol was in your hand or pocket) or ‘constructive possession’ (the alcohol was nearby, and you had control over it) to secure a conviction. They must also prove that you knew you had the alcohol. Therefore, if someone places alcohol in your possession without your knowledge, or you aren’t aware that an item you possess contains alcohol, this could be a valid defense. Challenging these elements can weaken the case against you.
Don’t Let One Night Steal Your Tomorrow
Underage drinking charges can jeopardize your future, but an experienced attorney can help mitigate the consequences. Moses and Rooth, Attorneys at Law, deeply understand Florida’s underage drinking laws. Our legal team’s acumen and strategic defense approach can help you through the complexities of the legal system and safeguard your rights.
We are here to fight for you. Contact us today for a free consultation—because the right defense can make all the difference.
Resources:
- Teen Drivers. Florida Department of Highway Safety and Motor Vehicles, link
- Fla. Stat. 562.13, link
- Fla. Stat. 775.082, link
- Fla. Stat. 775.083, link
- Florida Laws. University of Tampa, link
- Alcohol Laws in Florida. Florida Smart, link
Andrew Moses
Andrew has been practicing criminal law his entire career. After graduating from law school he began working as an Assistant State Attorney prosecuting cases in Orange and Osceola Counties. During his time as an Assistant State Attorney, Andrew handled all types of cases ranging from misdemeanors to such serious felonies as drug trafficking and armed robbery. His experience as a prosecutor helped him gain perspective of the criminal justice system and how the government established its cases.
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