Florida Minor in Possession of Alcohol Charges and Penalties

The State of Florida prohibits anyone the age of 21 from possessing any type of alcoholic beverage.

The State of Florida prohibits anyone the age of 21 from possessing any type of alcoholic beverage. However, these minor in possession (MIP) laws do not apply to servers who are 18 or older and employed by a licensed business that sells, prepares, or provides alcoholic beverages to the public.

In addition, it is legal for anyone 18 or older to drink alcohol as part of a required course if the institution is accredited and recognized by the United States Department of Education. The authorized instructor must be at least 21 years and in control of the alcohol at all times.

Drinking and Possessing Alcohol

If you are under the age of 21, it is illegal to possess any alcoholic beverage. The penalties for violating this law are:

  • First Offense—You will be charged with a second-degree misdemeanor and ordered to pay a fine of $500 and sentenced up to 60 days in jail.
  • Second Offense—You will be charged with a first-degree misdemeanor and ordered to pay a fine of $1,000 and sentenced up to one year in jail.

In addition, the court shall direct the Department of Highway Safety & Motor Vehicles to withhold the issuance of, revoke or suspend your driver’s license or driving privileges as follows:

  • First Violation—Not less than six months and not more than one year.
  • Subsequent Violation—Up to a period of two years.

Florida Statute Section 562.111, Florida Statute Section 775.082, Florida Statute Section 775.083, Florida Statute Section 322.056

Minors Using Fake ID to Obtain Alcohol

It is illegal for anyone to use a borrowed, forged, counterfeit, or stolen Florida driver’s license or Florida ID card to purchase or obtain alcohol. Violating this law will result in being charged with a third-degree felony offense and the penalties include the following:

  • You will be ordered to pay a fine of up to $5,000.
  • You will be facing a sentence of up to 5 years in prison.

Anyone who provides a fake identification to a minor will be subject to the above penalties.

Florida Statute Section 322.212

Florida Zero Tolerance For Minors

It is against the law for driver under 21 to operate a motor vehicle with a blood alcohol concentration (BAC) of .02 or higher. The penalties include:

  • Your driver’s license will be suspended for 6 months.
  • If your BAC was .05 or higher, your license will be suspended until you complete a substance abuse course.

The Department of Motor Vehicles will not reinstate your driver’s license if you fail to complete the substance abuse educational course. If you are under 18 at the time, the police are required to contact your parents.

Florida Statute Section 322.2616

Selling Alcohol to a Minor or Allowing Minors to Consume Alcohol

It is illegal for any adult to knowingly allow a minor to consume alcohol in his or her presence. Anyone who supplies or sells alcohol to minors will be held responsible for any injuries or damages caused by the underage person. This applies to adults who allow minors to consume alcohol at their home or bars, restaurants, and stores that allow minors to consume alcohol at a location under their supervision. You will be charged with a second-degree misdemeanor and the penalties include:

  • You will be ordered to pay a fine of up to $500.
  • You may be sentenced up to 60 days in jail.

Florida Statute Section 562.11, Florida Statute Section 856.015, Florida Statute Section 125.69

To learn more about the MIP laws, read Title XXXIV of the Florida Statutes. If you are facing MIP charges in Florida, contact a criminal defense lawyer for legal help.

Talk to a Lawyer

Start here to find criminal defense lawyers near you.

How it Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you
DEFEND YOUR RIGHTS

Talk to a Defense attorney

We've helped 95 clients find attorneys today.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you