Under 21 Possession of Alcohol Tampa Juvenile Possession of Alcohol Attorney

A favorite target for undercover officers in Florida is the person under the age of 21 who is in possession of an alcoholic beverage. In fact, entire sting operations are set up to catch as many young people as possible in a single night at a single location - usually a night club that allows young people over the age of 18 years old. In a single night, one undercover officer can issue more than 20 criminal report affidavits (also called "notice to appear"). Anyone charged with Possession of an alcoholic beverage by a person under the age of 21 years old is faced with a criminal offense with criminal punishments on their criminal record.

Officers also target college students at sporting events, especially tailgating parties outside football games for the local colleges including the University of South Tampa (USF) and the University of Tampa (UT). Any high school or college students cited for this criminal offense also fact possible sanctions from their school which can lead to disciplinary action. Disciplinary action by educational institutions througout the Tampa Bay area can include expulsion or lesser sanctions such as suspension from school for a certain period of time, community service, and/or alcohol educational classes.

Important: Although this is a criminal offense with serious criminal penalties, important defenses exist that can result in the charges being completely dismissed by the court or dropped by the prosecutor. No young person should walk into court to resolve the case without first meeting with an experienced criminal defense attorney to discuss the best way to resolve the case.

In many of these cases, the police target college students between the age of 18 and 21. Although drinking by anyone under the age of 21 is illegal and potentially dangerous, the effects of a criminal prosecution can be severe particularly to a young person pursuing an education and career opportunities. Although the consequences can be serious, Florida law also provides for important protections that can lead to the outright dismissal of charges by the court or the charges being dropped by the prosecutor.

Possible defenses include:

• dismissal on due process grounds when the law enforcement officer fails to preserve a sample of the alleged "alcoholic beverage." In fact, law enforcement officers rarely preserve a sample of the alcoholic beverage which often makes a successful prosecution much more difficult; 
• exclusion of all evidence and dismissal of the charges when the arresting officer illegally detains and interrogates the young person about the possession or consumption of the alcoholic beverage;
• exclusion or suppression of evidence when the officer arrests the young person without "probable cause" to support the arrest;
• exclusion of statements when the officer fails to read the young person Miranda warnings; or
• dismissal of the charges when insufficent evidence exists to support a criminal prosecution.

At the Sammis Law Firm, our lawyers defend high school and college students charged under Florida law with possession of alcohol by a person under the age of 21 years old throughout the greater Tampa Bay area including Tampa and Plant City, Hillsborough County, Clearwater and St. Petersburg, Pinellas County, Bartow, Polk County, New Port Richey and Dade City, Pasco County, Brooksville, Hernando County, and Bradenton, Manatee County. Speak to one of our criminal defense attorneys today by calling 813-250-0500.

Florida Statute Section 562.111 - Underaged Possession of Alcohol

You should know the following about Florida law, statute section 562.111 for under age 21 possession of alcohol:

1. The crime is a second degree misdemeanor;
2. If convicted of alcohol possession by anyone under the age of 21, you can receive a fine of up to $500, which does not include additional expenses for court costs or cost of prosecution;
3. If convicted of under age 21 possession of alcohol you can be sentenced to up to sixty days in jail or six months probation; and
4. For any finding of guilt the trial judge MUST revoke your driver's license for at least six (6) months although the court is permitted to revoke your driver's license for up to 12 months.

If you have received a notice to appear or been arrested for possession of alcohol, contact an experienced attorney at the Sammis Law Firm to discuss the details of your case by calling 813-250-0500 today.

Investigative Aides - Parents Don't Let Your Babies Grow up to be Snitches

Parents should be aware of the dangers of allowing their child to act as an under age snitch in alcohol and tobacco cases. Florida Law Enforcement Agencies use both undercover officers and "investigative aids" for sting operations to catch underage possession of alcohol crimes.

An investigative aide is a student between the age of 14 to 19 who must receive permission from their parent to act as an investigative aide in Florida. The parent must sign a permission affidavit and the investigative aide must sign an "Agreement of Understanding" which discusses the rules of conduct for the high school or college student participating in the program.

The investigative aide or undercover officer may conduct the sting operation and locations including:

1. Grocery store or convenience stores;
2. Restaurants;
3. Hotels or Motels;
4. Nightclubs;
5. Liquor stores;
6. Package stores; or
7. Any other location that sells alcohol or tobacco products.

In many cases, the investigative aide is not properly trained or supervised during the investigation. In other cases, the law enforcement agency does not actually receive consent from the parent to put the child or young person to work as a snitch or investigative aide. Any mistake made by the investigative aide or law enforcement officer assigned to supervise the young person could result in the charges being dismissed.

The Florida Division of Alcoholic Beverages and Tobacco is currently seeking volunteer investigative aids. For more information on the requirements of this program - click here to see the brochure called - "Become an Investigative Aide in Florida". Parents should think carefully about all of the pros and cons before allowing their child to participate in such a program.

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Read the Statutes on Underage 21 Possession of Alcohol

Florida Statute 562.111 for Possession of Alcoholic Beverages by Person Under Age 21

Florida Statute 322.056 for Driver's License Revocation or Suspension for Under Age 21 Possession of Alcohol

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Information for Parents Needing Services for a Child Found in Possession of an Alcoholic Beverage

Department from the University of South Florida Prevention Research Center  - the benefits and costs of underage drinking and possesion of alcohol.

University of Tampa and Under Age 21 Possession of Alcohol - Message from Dean of Students to parents with tips on the student's first year.

We Don't Serve Teens: A National Campaign to Prevent Underage Drinking - This website provides parents and others with tools and information to reduce teen drinking and related harm including important and statistics.

The Century Council - founded in 1991 by distillers. The Century Council is a national, non-profit organization formed to educate the public about the harms from underaged possession of alcohol and drunk driving. Information on under age drinking statistics, stories, and laws across the nation. Chaired by the Honorable Susan Molinari, the Century Council acts an an independent National Advisory Board made up of leaders in the law, education, business, medicine, government, and business.

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Florida Statute Section 562.111

Under Age 21 Possession of Alcoholic Beverages

(1)  It is unlawful for any person under the age of 21 years, except a person employed under the provisions of s. 562.13 acting in the scope of her or his employment, to have in her or his possession alcoholic beverages, except that nothing contained in this subsection shall preclude the employment of any person 18 years of age or older in the sale, preparation, or service of alcoholic beverages in licensed premises in any establishment licensed by the Division of Alcoholic Beverages and Tobacco or the Division of Hotels and Restaurants. Notwithstanding the provisions of s. 562.45, any person under the age of 21 who is convicted of a violation of this subsection is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083; however, any person under the age of 21 who has been convicted of a violation of this subsection and who is thereafter convicted of a further violation of this subsection is, upon conviction of the further offense, guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(2)  The prohibition in this section against the possession of alcoholic beverages does not apply to the tasting of alcoholic beverages by a student who is at least 18 years of age, who is tasting the alcoholic beverages as part of the student's required curriculum at a postsecondary educational institution that is institutionally accredited by an agency recognized by the United States Department of Education and that is licensed or exempt from licensure pursuant to the provisions of chapter 1005 or is a public postsecondary education institution; if the student is enrolled in the college and is tasting the alcoholic beverages only for instructional purposes during classes that are part of such a curriculum; if the student is allowed only to taste, but not consume or imbibe, the alcoholic beverages; and if the alcoholic beverages at all times remain in the possession and control of authorized instructional personnel of the college who are 21 years of age or older.

(3)  In addition to any other penalty imposed for a violation of subsection (1), the court shall direct the Department of Highway Safety and Motor Vehicles to withhold issuance of, or suspend or revoke, the violator's driver's license or driving privilege, as provided in s. 322.056.

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Florida Statute Section 322.056

Mandatory revocation or suspension of, or delay of eligibility for, driver's license for persons under age 18 found guilty of certain alcohol, drug, or tobacco offenses; prohibition.--

(1)  Notwithstanding the provisions of s. 322.055, if a person under 18 years of age is found guilty of or delinquent for a violation of s. 562.11(2), s. 562.111, or chapter 893, and:

(a)  The person is eligible by reason of age for a driver's license or driving privilege, the court shall direct the department to revoke or to withhold issuance of his or her driver's license or driving privilege for a period of:

1. Not less than 6 months and not more than 1 year for the first violation.

2. Two years, for a subsequent violation.

(b)  The person's driver's license or driving privilege is under suspension or revocation for any reason, the court shall direct the department to extend the period of suspension or revocation by an additional period of:

1. Not less than 6 months and not more than 1 year for the first violation.

2. Two years, for a subsequent violation.

(c)  The person is ineligible by reason of age for a driver's license or driving privilege, the court shall direct the department to withhold issuance of his or her driver's license or driving privilege for a period of:

1. Not less than 6 months and not more than 1 year after the date on which he or she would otherwise have become eligible, for the first violation.

2. Two years after the date on which he or she would otherwise have become eligible, for a subsequent violation.

However, the court may, in its sound discretion, direct the department to issue a license for driving privileges restricted to business or employment purposes only, as defined in s. 322.271, if the person is otherwise qualified for such a license.

(2)  If a person under 18 years of age is found by the court to have committed a noncriminal violation under s. 569.11 and that person has failed to comply with the procedures established in that section by failing to fulfill community service requirements, failing to pay the applicable fine, or failing to attend a locally available school-approved anti-tobacco program, and:

(a)  The person is eligible by reason of age for a driver's license or driving privilege, the court shall direct the department to revoke or to withhold issuance of his or her driver's license or driving privilege as follows:

1. For the first violation, for 30 days.

2. For the second violation within 12 weeks of the first violation, for 45 days.

(b)  The person's driver's license or driving privilege is under suspension or revocation for any reason, the court shall direct the department to extend the period of suspension or revocation by an additional period as follows:

1. For the first violation, for 30 days.

2. For the second violation within 12 weeks of the first violation, for 45 days.

(c)  The person is ineligible by reason of age for a driver's license or driving privilege, the court shall direct the department to withhold issuance of his or her driver's license or driving privilege as follows:

1. For the first violation, for 30 days.

2. For the second violation within 12 weeks of the first violation, for 45 days.

Any second violation of s. 569.11 not within the 12-week period after the first violation will be treated as a first violation and in the same manner as provided in this subsection.

(3)  If a person under 18 years of age is found by the court to have committed a third violation of s. 569.11 within 12 weeks of the first violation, the court must direct the Department of Highway Safety and Motor Vehicles to suspend or withhold issuance of his or her driver's license or driving privilege for 60 consecutive days. Any third violation of s. 569.11 not within the 12-week period after the first violation will be treated as a first violation and in the same manner as provided in subsection (2).

(4)  A penalty imposed under this section shall be in addition to any other penalty imposed by law.

(5)  The suspension or revocation of a person's driver's license imposed pursuant to subsection (2) or subsection (3), shall not result in or be cause for an increase of the convicted person's, or his or her parent's or legal guardian's, automobile insurance rate or premium or result in points assessed against the person's driving record.

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Florida Criminal Defense Attorneys for Under Age Possession of Alcohol Prosecutions

If you have been charged under Florida law with the criminal offense of possession of an alcoholic beverage while under the age of 21, contact an experienced attorney at the Sammis Law Firm.

Our lawyers are proud to defend high school and college students charged under Florida law with unlawful alcohol possession throughout the greater Tampa Bay area including Clearwater and St. Petersburg, Pinellas County, Plant City and Tampa, Hillsborough County,  Dade City and New Port Richey, Pasco County, Bartow, Polk County, Bradenton, Manatee County and Brooksville, Hernando County, Florida.

Call 813-250-0500 today to speak with a Tampa juvenile defense attorney representing those under 21 against accusations of illegal possession of alcohol.

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