Underage Minor in Possession of Alcohol in Florida

In Florida, it is unlawful for a person under the age of 21 to have in their possession an alcoholic beverage.  This includes beer, wine, liquor, or other mixed drinks.  

“Possession” of the beverage may be considered “actual” or “constructive”.  Actual possession of the beverage means the beverage is on the person of the accused or within “ready reach” and under the accused’s control.  Constructive possession does not require the beverage to be on the accused’s person, but rather the beverage was in a place over which the accused had control and that the accused had knowledge that the beverage was within their presence.

Underage possession of Alcohol in Florida is generally classified as a second degree misdemeanor.  The penalties for such an offense include a maximum of 60 in jail or six months probation, and a $500 fine.  A second or subsequent offense can be charged as a first degree misdemeanor, with penalties of up to 1 year in jail or 12 months probation, and a $1,000 fine.  

In addition to the above referenced penalties, an individual who is convicted of Underage Possession of Alcohol in Florida will automatically lose their driving privileges for a period of 6 to 12 months.  For a second offense, a revocation of the driving privileges for a period of 2 years is required.  

If you have been accused of underage possession of alcohol, you may have defenses available to challenge the charges and avoid a permanent criminal record.  Contact the Jacksonville Criminal Defense Attorneys at Rainka Law for a free consultation.

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