Approximately 20 million people attend college in the U.S., with 1,049,672 students attending Florida colleges and universities in 2023. Students take much-needed breaks from studying during end-of-year holidays, returning to their homes to spend time with loved ones and unwind. This mass migration marks the beginning of one of the biggest drinking holidays of the year.
Students who are home the week of Thanksgiving often enjoy alcohol in the safety of their homes. However, Thanksgiving Day has been named one of the deadliest days for driving due to the high number of drunk drivers on the road. Additionally, drinking and driving tends to spike from Thanksgiving week through New Year’s Eve.
Celebrating the holiday season is as good a time as any to drink responsibly. Unfortunately, many people may have differing views on what “responsibly” means. Even if you’re not drinking and driving, selling alcohol to minors can land you in trouble with the law. Bartenders, waiters, and others in the service industry can also face repercussions from their employers if they’re caught selling alcohol to adults below 21 years of age. Understanding the legal drinking age is crucial, as violating Florida’s laws regarding underage drinking can result in serious penalties. If you’ve been charged with selling alcohol to a minor in Florida, you need strong legal representation.
Understanding Florida Law and Penalties
Florida law takes a strong stance against selling alcohol to minors, with severe penalties for those found guilty. According to Florida Statute 562.11, it is a crime to sell, give, serve, or permit the sale of alcoholic beverages to individuals under the age of 21. This law applies to both licensed alcohol vendors and individuals who provide alcohol to minors in any setting.
The penalties for selling alcohol to a minor can be severe. A first-time offense is considered a second-degree misdemeanor charge, punishable by up to 60 days in jail and a fine of up to $500. Repeat offenders can face a first-degree misdemeanor charge, carrying penalties of up to one year in jail and a fine of up to $1,000.
In addition to criminal penalties, establishments that sell alcohol to minors may also face civil liabilities, including damages for accidents or injuries caused by minors who were provided alcohol. Furthermore, licensed vendors may face administrative action, including fines, suspension, or revocation of their liquor licenses. Understanding these potential consequences underscores the importance of adhering to Florida law when it comes to selling alcoholic beverages.
How Serious Is Selling Alcohol to Minors?
Selling alcohol to minors is a serious offense. Penalties for misdemeanor offenses may include fines and incarceration. Convictions for alcohol-related offenses may also result in the suspension of your driver’s license.
For selling alcohol to minors, a person who is convicted may face the following consequences:
- A fine of up to $500
- A jail sentence of up to 60 days
- Possible license suspension depending on the facts of your case
Additionally, establishments that sell alcohol to minors who then go on to cause a drunk driving accident may be liable for civil damages. Establishments such as bars, liquor stores, restaurants, and grocery stores may be subjected to lawsuits for selling alcohol to minors, even if the minor presented a false ID under Florida’s dram shop law.
Charges May Be More Severe If You’re an Employer
Restaurants and bars provide many opportunities for young adults to work odd hours that complement their busy schedules as students. Adults younger than 21 may work at restaurants and bars and sell alcohol to people 21 and older, but they may not purchase nor consume alcohol in the workplace.
If you’re the owner of a bar, club, or restaurant that sells alcohol and you provide an underage worker with alcohol, you may face a first-degree misdemeanor charge. The consequences of a conviction for this offense include:
- A fine of up to $1,000
- Up to one year of incarceration
Bartenders or clerks might make mistakes in assessing a minor’s age, especially when individuals use fake IDs to misrepresent their age and successfully purchase alcohol.
Is Serving Alcohol to a Minor Illegal Under Florida Law?
Whether you’re a parent of a college student who is not yet 21 or their boss, it’s important to know that serving them alcohol is a misdemeanor offense. The same statute that prohibits selling alcohol also forbids serving it to underage individuals. You may face the same potential penalties for serving alcohol as selling it to anyone younger than 21.
The state prosecutor is required to prove the elements of the offense beyond a reasonable doubt, highlighting its importance in securing a conviction under Florida Statute Section 562.11.
Potential Defenses and Outcomes
If you’re facing charges for selling alcohol to a minor, it’s essential to seek the advice of an experienced criminal defense attorney. A skilled attorney can help you understand the charges against you, assess the evidence, and develop a strategic defense. There are several potential defenses to charges of selling alcohol to a minor, including the following:
- Lack of knowledge regarding the individual’s age
- Mistaken identity
- Lack of intent to sell alcohol
- Entrapment
- Demonstrating a lack of intent to sell alcohol to minors
In some cases, it may be possible to negotiate a plea deal or reduced sentence. However, this will depend on the specific circumstances of the case and the strength of the defense.
If you’re facing charges for selling alcohol to a minor, it’s crucial to seek legal representation as soon as possible. A skilled criminal defense attorney can help you navigate the legal process, protect your rights, and achieve the best possible outcome for your case.
Contact an experienced criminal defense attorney today to schedule a free consultation and discuss your legal options. With the right representation, you can ensure your rights are protected and you receive the best possible outcome for your case.
Talk to an Experienced Palm Beach County Alcohol Crimes Lawyer
For more than 30 years, Criminal Defense Attorney Brian Gabriel has dedicated his career as a reputable defense lawyer for alcohol defense crimes. He understands the complexities of criminal cases involving alcohol and has the necessary experience to craft a unique and effective defense based on the facts of your case. He will handle your case using all the knowledge and skills developed over the span of his more than 30-year career.
Start with a free consultation today by calling Criminal Defense Attorney Brian Gabriel of The Law Office of Gabriel & Gabriel at (561) 622-5575. You can also complete an online contact form to learn more.