Possession of Alcohol by a Minor

If accused of Possession of Alcohol by a Minor in Florida, you need to know the:

Definition of Possession of Alcohol by a Minor

The crime of Possession of Alcohol by a Minor occurs if a person under the age of 21 is found in possession of either:

  1. Commercial Beverages: Any drink whose container is labeled as “beer,” “ale,” “malt liquor,” “malt beverage,” “wine,” or “distilled spirits;” or
  2. Mixed Drinks: Any distilled spirit or beverage containing one-half of 1 percent or more alcohol by volume.

Penalties for Possession of Alcohol by a Minor

Possession of Alcohol by a Minor is an enhanceable offense, which means that the maximum possible penalties increase if a person has been previously convicted of the same offense.

First Offense Penalties

A first offense Possession of Alcohol by a Minor is classified as a Second Degree Misdemeanor.

If convicted of Possession of Alcohol by a Minor, a judge can impose any combination of the following penalties:

  • Up to 60 days in jail.
  • Up to 6 months probation.
  • Up to $500 in fines.

Mandatory Driver License Suspension

If found guilty of Possession of Alcohol by a Minor, the court is required to revoke your driver's license for a minimum of six months. The court also has the authority to increase this suspension to 12 months.

Subsequent Offense Penalties

Possession of Alcohol by a Minor with a prior conviction is classified as a First Degree Misdemeanor.

If convicted of Possession of Alcohol by a Minor with a prior conviction, a judge can impose any combination of the following penalties:

  • Up to 12 months in jail.
  • Up to 12 months of probation.
  • Up to $1,000 in fines.

Mandatory Driver License Suspension

If found guilty of Possession of Alcohol by a Minor with a prior conviction, the court is required to revoke your driver's license for two years.

Defenses to Possession of Alcohol by a Minor

In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, specific defenses to the crime of Possession of Alcohol by a Minor are:

Lawfully Employed Service Employee

It is lawful, and therefore a defense to the crime of Possession of Alcohol by a Minor, for a person over the age of 18, to possess (but not consume) alcoholic beverage in the scope of his or her employment.

Non-Alcoholic Beverages

A beverage is only considered to be alcoholic if it contains one-half of 1 percent or more alcohol by total volume. If the beverage contains less than this amount, the beverage is considered non-alcoholic, which is legal for a minor to possess.

Contact Criminal Defense Lawyer Richard Hornsby

If you have been arrested or charged with the crime of Possession of Alcohol by a Minor in Central Florida or the greater Orlando area, please contact Criminal Defense Lawyer today.

The initial consultation is free and I am always available to advise you of the proper course of action that can be taken.