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Minor In Possession Of Alcohol

Miami Underage Drinking Defense Attorney

Speak With A Skilled Miami Criminal Defense Attorney

As Miami is home to the University of Miami, FIU, Barry University, Keiser University and the Miami International University of Art & Design, college parties are the norm year-round throughout the city. Unfortunately, this also means that arrests for underage drinking are also quite common. If you or your minor child has been arrested and charged with underage possession of alcohol, it is imperative you retain the services of a knowledgeable attorney as soon as possible to protect yourself against serious consequences.

Agents of the Florida Alcohol, Beverage and Tobacco department regularly conduct saturation enforcement at Hard Rock Stadium for University of Miami (UM) football games and at Florida International University (FIU) stadium. Officers approach tailgating parties and check student IDs and make arrests for underage drinking. Those cases are prosecuted and end up in court, where I have had great success in getting them dismissed.

Having served as a Miami criminal defense attorney since 1982, I understand the situation you face and can provide the tenacious advocacy you need to minimize your chances of conviction. As a former prosecutor myself, I know the effective strategies and arguments necessary to contest the opposition’s claims and ensure your rights are protected every step of the way.

My firm, Jonathan B. Blecher, P.A., stands apart for the following reasons:

Fill out an online contact form today to get started towards building your defense.

Penalties For Minor In Possession Of Alcohol

With the exception of servers over the age of 18 employed by alcohol serving or producing establishment, the state of Florida prohibits anyone under the age of 21 from possessing any type of alcoholic beverage. Violating this law is a second-degree misdemeanor carrying up to 60 days in jail and $500 in fines for a first offense, while a second offense is escalated to a first-degree misdemeanor carrying up to one year in jail and fines up to $1,000. Likewise, a conviction of minor in possession may also result in the suspension, revocation, or withholding of your driver’s license for anywhere between six months to two years.

Possession may be “actual” or “constructive” in nature:

  • Actual possession means that the alcoholic beverage was actually on your person at the time of arrest, such as in your hand or pocket.
  • Constructive possession means that it was within ready reach of your control, such as an open alcohol on a table nearby at the time of arrest.

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Possible Defenses To Underage Drinking Charges

There are several possible defenses that may be used to challenge a charge of minor in possession of alcohol. Depending on the circumstances in question, these defenses may be legal or factual in nature. Since the applicability of these strategies will vary depending on the specifics of your situation, it is imperative you consult with my firm as soon as possible to determine the most appropriate course of action to pursue.

Some commonly used strategies include:

  • You had no knowledge of the alcoholic nature of the beverage possessed
  • You did not have control over the beverage
  • The beverage possessed was non-alcoholic
  • The police failed to read your Miranda rights
  • Illegal search and seizure
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