Possession of Alcohol by a Minor (Under 21) in Tampa, Florida
In Florida, the legal drinking age is 21. Possessing or consuming alcohol before that age—even without drinking it—can result in serious consequences. If you or your child has been charged with underage possession of alcohol in Tampa or the surrounding areas, it’s important to understand the charges, what’s at stake, and how a skilled criminal defense attorney can help protect your future.
What Is Possession of Alcohol by a Minor?
Under Florida Statute § 562.111, it is illegal for any person under the age of 21 to possess alcoholic beverages. This includes beer, wine, liquor, or any other product containing alcohol. The law applies regardless of whether the alcohol is being consumed at the time or simply in the individual’s possession.
There are two types of possession recognized under Florida law:
Actual Possession: The alcohol is found on the person—such as in their hand, pocket, or bag. Constructive Possession: The person has control over the area where the alcohol is found (e.g., in a car, dorm room, or backpack), and knows the alcohol is present.
Whether you’re caught holding a beer or there's alcohol in your car while you’re driving with friends, both scenarios can lead to criminal charges.
Penalties for Underage Possession of Alcohol in Florida
Possession of alcohol under 21 is a criminal charge in Florida and can carry serious consequences.
First Offense (Misdemeanor, Second-Degree)
Up to 60 days in jail Up to 6 months of probation A fine of up to $500
Second or Subsequent Offense (Misdemeanor, First-Degree)
Up to 1 year in jail Up to 12 months of probation A fine of up to $1,000
A conviction for a criminal offense like this underage possession of alcohol can also create a permanent criminal record, which can affect college admissions, job applications, scholarships, and even housing opportunities.
Common Situations That Lead to Charges
College parties where police break up gatherings and cite individuals under 21 with alcohol Underage individuals purchasing or attempting to purchase alcohol with a fake ID Young people caught with alcohol in a car during a traffic stop High school seniors celebrating graduation with drinks in hand Tourists or spring breakers unfamiliar with Florida’s strict underage drinking laws
Possible Defenses to Underage Possession of Alcohol
If you’ve been charged, all is not lost. An experienced Tampa criminal defense lawyer can explore defense strategies to fight the charge. For example:
1. Lack of Knowledge or Intent
If the defendant did not know the beverage contained alcohol or had no intent to possess it (such as unknowingly carrying someone else’s bag), this can be a defense.
2. Lack of Possession
If the alcohol was not in the defendant’s actual or constructive possession, such as in a shared room with multiple people or an open container in a public space, it may be hard for the state to prove ownership.
3. Illegal Search or Seizure
If law enforcement violated your Fourth Amendment rights during the search (e.g., searching your car without probable cause), the evidence may be inadmissible.
4. Entrapment
If the individual was pressured by a law enforcement officer to somehow possess the alcohol, the defense of entrapment can apply.
Why Hire a Criminal Defense Lawyer?
Florida law takes underage alcohol possession seriously, and the consequences can follow a person for years. If you or a loved one is charged with minor in possession of alcohol, take it seriously. Hire an experienced criminal defense attorney.
A skilled and knowledgeable criminal defense attorney can:
Evaluate your case and identify potential defenses Negotiate with prosecutors to reduce or dismiss charges Fight for alternatives to a conviction, such as diversion programs a withhold of adjudication. Protect your record by pursuing expungement or sealing when eligible Advocate for minimal penalties and avoid license suspension whenever possible
If you’re a parent, hiring an attorney ensures your child doesn’t face lifelong consequences over one mistake.
What to Do If You’re Charged
If you or your child has been cited or arrested for underage possession of alcohol in Tampa:
Do not speak to law enforcement. What you say to the police can be used against you. Ask to speak with an attorney and make no statement. Get legal representation immediately. Don’t wait until the first court date. Don’t miss your court date. Failing to appear can lead to a bench warrant and additional penalties. Avoid additional trouble. Stay away from alcohol and any further violations while your case is pending.
Frequently Asked Questions
Can I go to jail for underage possession of alcohol in Florida?
Yes, the offense is a criminal misdemeanor and can carry jail time, especially for repeat offenders.
Can this be removed from my record?
It’s possible. Every case is different, but generally, if the right decisions are made at the right times, and assuming the defendant has no prior criminal record, an underage possession of alcohol charge should be eligible for Florida sealing or expunging.
Do I need a lawyer?
Absolutely. A lawyer can make the difference between a criminal record and a dismissed case.
Are you looking for the best Possession of Alcohol by a Minor (Under 21) in Tampa, Florida? Contact Attorney David C. Hardy.
Tampa Criminal Defense Attorney David C. Hardy is a former prosecutor that now represents persons accused of minor in possession of alcohol in Tampa, Florida. He is Board Certified by the Florida Bar and the National Board of Trial Advocacy as an Expert in Criminal Trial Law. As a prosecutor and defense attorney, he has extensive experience handling all types of criminal cases.
If you or a loved one has been arrested in Hillsborough County Florida, Pinellas County Florida, or Pasco County Florida, contact Attorney David C. Hardy. He has the knowledge, skills, and experience to guide you through this process and obtain the best possible results.