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What Are Florida’s Underage Drinking Laws?

June 19, 2024
By The Wiseman Law Firm

For many young adults, alcohol consumption is a normal part of socializing. But in the state of Florida, underage drinking is illegal, and the consequences for violating this law can be severe. To make sure you understand your rights, it’s important to have an understanding of what the law says about underage drinking. Read on to learn more about Florida’s underage drinking laws and their potential consequences.

What Is the Legal Drinking Age in Florida?

The legal drinking age in Florida is 21 years old. This means that any individual under 21 years old cannot purchase, possess, or consume alcoholic beverages and are strictly prohibited from alcohol possession. Additionally, individuals under 21 are not allowed to enter establishments that sell alcohol unless they are accompanied by an adult (over 21).

In Florida, the legal drinking age is 21. According to Florida Statutes 562.11, it is illegal for anyone to sell, provide, or serve alcohol to an individual under the age of 21.

Exceptions to the Rule

There are some exceptions to the rule regarding underage consumption of alcohol in Florida. For example, certain religious ceremonies may involve individuals under 21 consuming wine for ritualistic purposes. Someone under 21 can also taste alcohol if it is a part of post-secondary education; however, this tasting is only allowable if it is a curriculum requirement and the institution is accredited by an organization recognized by the U.S. Department of Education (see Florida Statutes § 562.111).

Is Underage Drinking a Serious Crime in Florida?

If you are caught violating the law regarding underage alcohol possession in Florida, you will face serious consequences. Constructive possession of alcohol involves three specific elements and can lead to legal consequences for individuals under the age of 21. Depending on the severity of the offense, you could face first-degree misdemeanor charges, which can be penalized by a fine of $500 and/or up to 60 days in jail, or second-degree misdemeanor charges for second (or subsequent offenses), which are punishable by a fine of $1,000 and up to a year in jail. These penalties increase if you have multiple violations within five years.

Additionally, there may be other legal repercussions such as suspension of driver’s license and probationary periods. Furthermore, these violations will show up on your criminal record, which can affect your future employment opportunities and educational prospects.

Punishments for Fake IDs

In Florida, using a fraudulent driver’s license or ID card to access alcohol is considered a third-degree felony. Penalties for this offense include hefty fines of up to $5,000 and/or prison terms reaching five years in length; those who provide false identification on behalf of minors are subject to the same sanctions. Additionally, violating zero-tolerance laws or underage possession of alcohol can lead to the suspension or revocation of the driver’s license.

Understanding Florida Zero Tolerance Law

Drivers under 21 have a steep price to pay if they are caught with an elevated blood alcohol concentration (BAC) or underage possession of alcohol. The “Zero Tolerance” Law requires that any driver in this age group found to be operating with a BAC of .02% or higher is subject to license suspension for up to 6 months, as well as being required by the police to contact parents if you’re under 18. Failing to complete the recommended substance abuse course will prevent your driver’s license from ever being reinstated.

Can Minors Drink with Parents in Florida?

No. In Florida, it is illegal for anyone to allow an underage individual access to an alcoholic beverage – even a parent permitting their own child. A parent may face hefty fines or potential jail time if caught violating this law and can also be held responsible should the minor cause injury while under the influence of said alcohol. It’s important that parents in Florida are aware of such legal consequences before allowing any type of consumption by minors at home.

Get Legal Help

Underage drinking in Florida is illegal—and strictly enforced—in the state. If you or your child need help to navigate an arrest or charges related to underage drinking in Florida, don’t hesitate to contact our experienced juvenile criminal defense attorney. Our firm can help guide you through the process and protect your best interests every step of the way!

To schedule an initial consultation, contact our firm online or call (407) 420-4647 today.

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