Possession of Alcohol by a Minor

In Florida, law enforcement frequently targets individuals under the age of 21 for possession of alcohol. They often monitor parties and college sporting events, in order to catch minors with alcohol. Although minors may not believe these charges are serious, a minor in possession charge (MIP) can lead to serious penalties such as jail time, license suspensions, probation, and the loss of educational opportunities. Any minor who has been charged with possession of alcohol should immediately seek legal representation from a Florida juvenile defense attorney. The sooner you obtain representation, the quicker your attorney can get started on defending you against these allegations.

Jacksonville Possession of Alcohol by a Minor Attorney

If you or a loved one has been charged with possession of alcohol by a minor in Neptune Beach, Baldwin, Penney Farms, Fernandina Beach, Jacksonville, St. Augustine Beach, or the surrounding areas, contact Roelke Law. Bill Roelke is an experienced defense attorney who has the knowledge and resources necessary to reduce your charges, or potentially have your case dropped all together.

Take the first step in fighting your minor in possession charge by calling Roelke Law today at (904) 354-0333. Your consultation is free, and will provide you with the information and insight necessary to craft a strong defense.

Penalties for Possession of Alcohol by a Minor in Florida

Under Fla. Stat. § 562.111, it is illegal for anyone under the age of 21 to possess alcohol, except in the course and scope of a legitimate business. According to Fla. Stat. § 775.082 and § 775.082, the penalties for possession of alcohol by a minor are as follows:

  • An individual who commits this offense is guilty of a second degree misdemeanor, which is punishable by up to 60 days in jail, and/or up to $500 in fines.
  • Anyone who has been previously convicted of possession of alcohol by a minor will be charged with a first degree misdemeanor for any subsequent offenses of the same crime. A conviction for a first degree misdemeanor can result in a jail sentence of up to one year and/or a fine of up to $1,000.

Under Fla. Stat. § 322.056, a minor who is convicted of illegally possessing alcohol will be subjected to a driver’s license suspension or withholding of issuance by the Department of Highway Safety and Motor Vehicles for six months to one year, or two years for subsequent offenses.

Definition of Alcohol Possession in Florida

I order for a minor to be convicted of illegally possessing alcohol, he or she must be deemed to have constructively or actively possessed alcohol. Proving possession is the most important aspect of the prosecution’s case. If the prosecution is unable to prove that the alleged offender had either actual or constructive possession of the alcohol, the charges against the alleged may be dropped. The two types of possession in Florida are as follows:

  • Actual Possession is when an individual has actual, physical possession of the alcohol, or has the alcohol on their body or in their immediate vicinity. Examples of actual possession are if the minor is holding an alcoholic drink in his or her hand, or has a bottle of alcohol in his or her backpack.
  • Constructive Possession has three requirements, and is usually more difficult for the prosecution to prove. The minor has to be aware that alcohol was in his or her vicinity, they knew it was illegal for them to possess the alcohol, and the alcohol was close enough for the minor to have actually possessed it. An example of this could be if an alcoholic beverage was on a table at a party and a minor was close enough to the drink to pick it up.

Roelke Law, P.A. | Jacksonville Possession of Alcohol by a Minor Attorney

Call Roelke Law today for a consultation about your allegations of criminal mischief in Keystone Heights, Jacksonville, Atlantic Beach, St. Augustine, Hilliard, Orange Park, and the surrounding areas. Bill Roelke is a diligent Jacksonville defense attorney who will use his knowledge and tenacity to defend you against these charges.

Contact Bill Roelke at (904) 354-0333 for a consultation about you or a loved one’s possession of alcohol by a minor charge. Your initial consultation is free and is the first step in building a strong defense against these charges.

Client Reviews

I originally hired a trial attorney for my case who was very expensive. My friend recommended William Roelke and I hired him instead for my case. He reviewed my case carefully and all the presented evidence I provided. What I like about this attorney is prompt responses to my inquires, detailed...

Simir S.

Mr. William Roelke is outstanding. Beyond comparison, marvelous is the display of his craft. His professional demeanor and wonderful insight is amazing. Mr. Roelke has superior character and insight. Should you be in need of services, please don’t hesitate to engage, Mr. William Roelke. Simply The...

Frederick K.

What a pleasure to have Mr. Roelke in your corner! I have been very impressed from my first contact with Bill. He was very prompt to return my initial phone call, and he has always been forthright about our case options, and the advice given. Very calm and highly competent. He accomplished every...

Kevin B.

William Roelke is an experienced, ethical, well prepared, well educated, top notch attorney. I give William Roelke my highest recommendation. He guided our family through a complex set of charges, communicated with us on a regular basis, represented us well and the result....all charges dismissed...

Carol F.

I am very glad to have contacted William Roelke about my case. William was very professional, calm and well-spoken; I felt very comfortable doing business with him and I am more than pleased to say that my charges have been dropped. I highly recommend Roelke Law, William will surely take good care...

Jhon D.

Contact Us

  1. 1 Free Case Strategy Session
  2. 2 Available 24/7
  3. 3 Over 15 Years of Experience

Fill out the contact form or call us at (904) 354-0333 to schedule your free case strategy session.

Leave Us a Message