Daytona Beach Possession Of Alcohol Under 21 Attorney
Daytona Beach and Volusia County are known for events. As "The World's Most Famous Beach" Daytona Beach is a popular spring break destination. Possession of alcohol under 21 in Daytona Beach is not limited to spring breakers but it is a common occurrence during spring break. In Daytona Beach and throughout Florida it is unlawful for a person under the age of 21 to be in possession of alcohol. It is important to understand that violation of this law only requires possession, not the actual drinking, consumption of alcohol or impairment. If you are under the age of 21, holding an unopened alcoholic beverage is enough to support a charge of minor in possession of alcohol. We understand the desire to keep people safe but branding young adults as criminals for life is not the best way to protect them. If adjudicated guilty of possession of alcohol less than 21 years of age you will not ever be able to get your record sealed or expunged, your driver's license can be suspended for 6-12 months on a first offense and 2 years on a second offense. The penalties for a first offense Daytona Beach minor in possession of alcohol is a second degree misdemeanor punishable by up to 60 days in jail, 6 months of probation and a $500 fine. The second offense is a first degree misdemeanor punishable by up to a year in jail, 12 months of probation and a $1,000 fine. The law has two exceptions that allow a minor to possess alcohol. The first exceptions to a minor in possession charge are if the possession is during the scope of employment and the employee is over 18. The second exception is "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 you or a loved one is accused of possessing alcohol as a minor contact Daytona Beach minor in possession attorney Kevin J. Pitts at 386-451-5112 to set up a free consultation.
Possessing alcohol on the beach by anyone regardless of age in Volusia County is a municipal ordinance violation punishable by up to 60 days in jail, 6 months of probation and a $500 fine. It is also a violation to possess glass containers on the beach. The restrictions on glass containers, alcoholic beverages along with disruptive behavior and police sweeps are common causes of police encounters that result in a Daytona Beach possession under 21 charge. Attorney Kevin J. Pitts is a former Daytona Beach Assistant State Attorney who focuses his practice on criminal defense and DUI cases.
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.