A person under the age of 21 is not allowed to possess or drink alcohol in Punta Gorda. Alcoholic beverages include wine, beer, liquor, mixed drinks, and other beverages that might contain alcohol. A minor who is caught in possession of alcohol can be charged with a first-degree misdemeanor or a second-degree misdemeanor, depending on the facts and circumstances of the case in question.
However, it is important to understand the two different types of possession – ‘actual possession’ and ‘constructive possession’ – when you have been charged for underage possession of alcohol in Punta Gorda. If your child is facing any one of these charges, then you must reach out to a criminal defense lawyer for legal advice and guidance today.
At The Law Place, we have over seventy-five years of collective experience in defending the legal rights of minors who are facing criminal charges in Punta Gorda and across the State of Florida. Our team of criminal defense attorneys has the necessary skills and resources to provide you with the right defense strategies to combat your charges in Punta Gorda. Call our office to set up a free consultation today, in which a criminal defense attorney will explain the severity of the consequences and how we can help you to avoid them.
Contact The Law Place now on (941) 444-4444 to schedule a free consultation, and a criminal defense attorney will fight against your underage possession of alcohol charges in Punta Gorda. Phone lines are open 24/7.
Definition of Underage Possession of Alcohol in Punta Gorda, FL.
It is illegal for a person to possess alcohol if they have not reached the legal drinking age of 21, as stated in Florida Statute 562.111. Alcoholic beverages include:
- Wine.
- Beer.
- Liquor.
- Mixed drinks.
- Other drinks that contain alcohol and are intended for consumption.
Types of Underage Possession in Punta Gorda, FL.
There are two different types of underage possession charges, which is important to understand if you are facing charges for underage possession of alcohol – ‘actual possession’ and ‘constructive possession’.
Actual Possession
The term ‘actual possession’ refers to a person who actually possesses alcohol on them or alcohol was within their control and reach. This could mean that the person was holding alcohol or they had it stored in their pocket or bag.
Constructive Possession
The term ‘constructive possession’ refers to a person who was not physically holding an alcoholic drink but they were aware of the alcohol’s presence and the illegal nature of the beverage. To be charged with constructive possession, these three factors must be present:
- The person knew that alcohol was present.
- The person knew that possession is illegal.
- The alcohol was close enough for the person to possess it or exercise control over the beverage.
It is also possible for a minor to be charged with underage possession of alcohol if they were to carry cans of beer from someone’s car in the State of Florida. However, the law states that temporary possession of alcohol is allowed to a certain degree. For example, a minor who carries a can of beer from the car to the house on behalf of a parent or passes a glass of wine to an adult will not count as complete control over an alcoholic beverage. Therefore, constructive possession has not occurred.
The prosecution is not required to prove that the minor was physically holding an alcoholic beverage in the case of ‘constructive possession’. They only need to prove that alcohol was in a place where the minor knew of the alcohol’s presence, and they exercised control over the drink.
In addition, the prosecution does not have to prove that the minor was actually drinking the alcoholic beverage or that they were intoxicated in order for them to potentially convict them of underage possession of alcohol in Punta Gorda.
Underage Possession of Alcohol Penalties in Punta Gorda, FL.
If you are under the age of 21 and you were caught possessing an alcoholic beverage, then you could face the following charges:
- First offense – A second degree misdemeanor. The penalties include paying a fine of up to $500 and spending up to 60 days in jail.
- Second offense – A first degree misdemeanor. The penalties include paying a fine of up to $1,000 and spending up to 1 year in jail.
The court can order the Florida Department of Highway Safety and Motor Vehicles (FHSMV) to withhold, revoke or suspend your driver’s license for a:
- First violation – Your driver’s license will be suspended for a minimum of 6 months/maximum 1 year.
- Subsequent violation – Your driver’s license will be suspended for up to 2 years.
Minors Who Use a Fake ID to Obtain Alcohol in Punta Gorda, FL.
It is considered illegal for any person to use a borrowed, counterfeit, forged, or stolen driver’s license or ID card as a way to obtain or purchase alcohol in the State of Florida. If you violated this law, then you could be charged with a third-degree felony. The penalties include:
- You will have to pay a fine of up to $5,000.
- You will have to spend up to 5 years in prison.
Any person who gives a fake ID to someone under the age of 21 will face the above penalties, as per Florida Statute 322.212.
Zero Tolerance Laws in Punta Gorda, FL.
A driver who is under the age of 21 will face the following penalties if they were caught operating a motor vehicle with a blood alcohol concentration (BAC) level of .02 or above:
- A license suspension for up to 6 months.
- You would have to complete a substance abuse course if your blood alcohol concentration (BAC) level was .05 or more. Otherwise, your license will be suspended indefinitely.
In addition, the police are required to contact your parents if you are under the age of 18, as per Florida Statute 322.2616.
Selling Alcohol to a Minor or Allowing a Minor to Consume Alcohol in Punta Gorda, FL.
It is unlawful for an adult to allow a person under the age of 21 to consume alcohol in their presence. An adult who knowingly supplies or sells alcohol to a person under the age of 21 will be held liable for personal injuries or other related damages that were caused by the underage drinker. This will also apply to an adult that allows a minor to consume alcohol in their house, at a bar, in a restaurant, or at a store.
An adult will be charged with a second-degree misdemeanor for selling or allowing a minor to consume alcohol, which carries the following penalties:
- Paying a fine of up to $500.
- Spending up to 60 days in jail.
Defenses to Underage Drinking in Punta Gorda, FL.
A criminal defense attorney from The Law Place will use a number of defense strategies to contest a charge of underage drinking and possession of alcohol. Some of the most common defenses include:
- You lacked knowledge that the beverage contained alcohol.
- You lacked knowledge that the alcoholic beverage was in your presence.
- You were forced to possess or consume the alcoholic beverage.
- You were actually holding a drink for a friend, but you were not aware of the alcoholic nature of the beverage.
- It was actually a non-alcoholic beverage.
- A lack of proof of knowledge.
- The prosecution cannot prove that you had control over the beverage.
- Failure to preserve the beverage from the scene (destruction of evidence).
- The police officers failed to read Miranda warnings.
- The police officers kept you detained while they lacked probable cause to believe that you were underage.
- No search warrant or legal justification to enter the premises.
There is usually a question as to whether the underage drinker actually knew that the beverage they were holding contained alcohol. In most clubs or parties, the person is asked to hold a drink for a friend, which means that they can use the defense that they lacked knowledge of the illegal nature of the beverage.
Contact The Law Place Today in Punta Gorda, FL.
If you are under the age of 21 and you were caught in possession of alcohol, then you will need to hire a criminal defense lawyer to handle your case and ensure that you have not been wrongfully charged in Punta Gorda.
The Law Place has over seventy-five years of combined experience and knowledge when it comes to managing juvenile cases in Punta Gorda and throughout the State of Florida. Our team of criminal defense attorneys will protect your child’s legal rights and ensure that they do not suffer the consequences for the rest of their life.
Our law firm will investigate your case, collect facts, speak to eyewitnesses, deal with the related paperwork and negotiate with the prosecution to agree on a reasonable outcome for your underage possession of alcohol case. If you put your trust in us, a criminal defense lawyer from our law firm will work hard to beat your child’s criminal charges.
Contact The Law Place now on (941) 444-4444 to schedule a free consultation, and a criminal defense attorney will fight against your underage possession of alcohol charges in Punta Gorda. Phone lines are open 24/7.
Call or text 941-444-4444 or complete a Free Case Evaluation form