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| Florida Possession of Alcohol by Person Under 21 |
WILSON
LAW FIRM, P.L.
Attorney at Law
LAW FIRM, P.L.
Attorney at Law
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advertisements. The information presented at this site is not legal advice, and does not create an attorney-client relationship. This site is designed to provide only
general information. The facts of your case are unique, and you should consult an attorney for advice regarding your individual situation. Contact the Wilson Law
Firm to speak with an Winter Park criminal defense lawyer and Osceola County Florida DUI attorney today. The Wilson Law Firm, P.L. © 2010
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Orlando Criminal Lawyer - Possession of Alcohol by Person Under 21:
Cases involving the possession of alcohol by person under 21, while generally
viewed as less serious offenses, still have significant penalties, including jail
time and the loss of the individuals driving privileges. If you have been arrested
for Possession of Alcohol, you should speak with an experienced criminal
defense attorney at your earliest opportunity to learn about your rights and the
defenses that may be available to you.
In many criminal cases, a properly prepared defense will result in either
reduced penalties, reduced charges, or a dismissal of the charges. Even
in criminal cases where the evidence of guilt is overwhelming, a properly
prepared defense and presentation of mitigating circumstances can result
in significant decreases in penalties you receive.
If you or a loved one has been arrested, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an
experienced Orlando criminal defense attorney about your situation or to schedule a Free Initial Consultation
The following section of this page provides some information regarding possession of alcohol by a person under 21.
Possession of Alcohol by Person Under 21 - It is unlawful for any person under 21 years of age to
possess alcoholic beverages except as provided by law. If it is the defendants first offense, the criminal offense is a
second degree misdemeanor punishable by up to 60 days in the county jail. If a defendant has a prior conviction for
this offense, the criminal offense is a first degree misdemeanor punishable by up to 1 year in the county jail. In
addition to the criminal penalties, the defendant also faces the loss of their driving privileges if convicted.
The following Florida Statutes provide some more information about crimes involving this offense.
Florida Statute 562.111 - Possession of alcoholic beverages by persons under age 21 prohibited.
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.
Florida Statute 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.
_________________________________________________
For more information, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an experienced Orlando
criminal defense attorney about your situation or to schedule a Free Initial Consultation. The Wilson Law Firm
represents individuals in criminal defense and DUI cases in the Central Florida area, including the cities of
Altamonte Springs, Apopka, Casselberry, Clermont, Kissimmee, Lake Mary, Longwood, Maitland, Mount Dora,
Ocoee, Orlando, Oviedo, Saint Cloud, Sanford, Windermere, Winter Garden, Winter Park and Winter Springs, as well
as Lake County, Orange County, Osceola County, and Seminole County, Florida.
Cases involving the possession of alcohol by person under 21, while generally
viewed as less serious offenses, still have significant penalties, including jail
time and the loss of the individuals driving privileges. If you have been arrested
for Possession of Alcohol, you should speak with an experienced criminal
defense attorney at your earliest opportunity to learn about your rights and the
defenses that may be available to you.
In many criminal cases, a properly prepared defense will result in either
reduced penalties, reduced charges, or a dismissal of the charges. Even
in criminal cases where the evidence of guilt is overwhelming, a properly
prepared defense and presentation of mitigating circumstances can result
in significant decreases in penalties you receive.
If you or a loved one has been arrested, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an
experienced Orlando criminal defense attorney about your situation or to schedule a Free Initial Consultation
The following section of this page provides some information regarding possession of alcohol by a person under 21.
Possession of Alcohol by Person Under 21 - It is unlawful for any person under 21 years of age to
possess alcoholic beverages except as provided by law. If it is the defendants first offense, the criminal offense is a
second degree misdemeanor punishable by up to 60 days in the county jail. If a defendant has a prior conviction for
this offense, the criminal offense is a first degree misdemeanor punishable by up to 1 year in the county jail. In
addition to the criminal penalties, the defendant also faces the loss of their driving privileges if convicted.
The following Florida Statutes provide some more information about crimes involving this offense.
Florida Statute 562.111 - Possession of alcoholic beverages by persons under age 21 prohibited.
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.
Florida Statute 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.
_________________________________________________
For more information, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an experienced Orlando
criminal defense attorney about your situation or to schedule a Free Initial Consultation. The Wilson Law Firm
represents individuals in criminal defense and DUI cases in the Central Florida area, including the cities of
Altamonte Springs, Apopka, Casselberry, Clermont, Kissimmee, Lake Mary, Longwood, Maitland, Mount Dora,
Ocoee, Orlando, Oviedo, Saint Cloud, Sanford, Windermere, Winter Garden, Winter Park and Winter Springs, as well
as Lake County, Orange County, Osceola County, and Seminole County, Florida.
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Orange County Florida Criminal Lawyer & Orlando DUI Attorney
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