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In Florida, Possession of Alcohol Under 21 is pretty straightforward. If you have alcohol in your possession and you are under the age of 21, you are in violation of the law. However, there are exceptions.

Penalties for a Florida Possession of Alcohol Under 21 Charge

Possession of Alcohol in Florida is classified as a second degree misdemeanor for a first conviction.

A second degree misdemeanor in Florida is punishable by up to:
  1. Sixty days in the county jail;
  2. Six months of supervised probation;
  3. A $500 fine
For a subsequent conviction, Posession of Alcohol Under 21 in Florida is classified as a first degree misdemeanor punishable by up to:
  1. One year in the county jail;
  2. One year of supervised probation;
  3. A $1,000 fine
In addition to any penalty, a conviction of Possession of Alchohol Under 21

Defenses to a Possession of Alchohol Under 21 Charge

In addition to factual defenses that would be raised at trial to show reasonable doubt as to the crime alleged, some common defenses to a Possession of Alchohol Under 21 charge in Florida include:

You were employed in a licensed establishment at the time of the possession
It will not be a violation of Florida law if you are age 18 or older and are in possession of alcohol during the scope of your employment and are selling, preparing, or providing service of alcoholic beverages.

You were a student over 18 and the possession was part of the curriculum
It will not be a violation of Florida law if you are a student at least 18 years of age and are tasting an alcoholic beverage as part of your required curriculum at a certified or public postsecondary educational institution.