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Orlando Underage Drinking Lawyer

Underage Drinking

In the state of Florida, it is unlawful for individuals under the age of 21 to possess or consume alcoholic beverages. In fact, police or other agencies may attempt to catch as many who are underage as possible by setting up sting operations at locations including college events or night clubs that allow the admission of individuals older than 18 years of age. If you are one of the unlucky ones who is arrested for possessing alcohol, you could face criminal charges and even a criminal record that will last a lifetime. At Adams, Luka, & Benton, we are highly familiar with the tactics used by law enforcement in an effort to "catch" underage drinkers. We provide an aggressive and effective defense for those in Orlando and surrounding areas, bringing an enormous amount of experience and skill to the table for our clients.

The mere possession of an alcoholic beverage constitutes underage drinking in the state of Florida. This offense is a second-degree misdemeanor, and will leave those convicted facing jail time in addition to other penalties. If you are someone younger than 21 who has been accused of underage drinking, or if you are the parent of a child who has been arrested or charged with this offense, we urge you to contact our Orlando juvenile defense lawyers today.

Criminal Penalties for Charges of Underage Drinking in Florida

Depending on the details of your case, a conviction for underage drinking can lead to serious and life-changing penalties. While jail time, fines, and other punishment may affect your life, it is also possible your reputation and career may be impacted. In addition, you may be unable to drive for months or even longer. Our Orlando underage drinking lawyers are committed to providing the legal guidance essential to reaching the best possible result in your case. We want you to know that we will work diligently to protect you against serious penalties which may include:

  • Maximum jail time of 60 days,
  • Fines of up to $500
  • Driver's license suspension or revocation
  • Probation
  • Community service
  • Forfeitures
  • Home detention
  • Paying costs associated with prosecution of your case

As you can see, the penalties for a first-time offender are harsh. Additionally, if you are convicted of underage drinking a second time, you may be charged with a first-degree misdemeanor offense. This may result in a maximum of one year in jail, the maximum imprisonment term for those found guilty of misdemeanor offenses. A criminal record may impact employment, education opportunities, or even result in suspension or expulsion from a college/university or student housing.

Underage drinking includes the possession of any beverage with a container labeled as wine, beer, malt liquor/beverage, or distilled spirits. Any mixed drink that contains 1/2 of 1% alcohol by volume may result in charges of underage drinking.

Defenses to Charges of Underage Drinking in Orlando & Central Florida

There are certain pretrial and trial defenses that may be effective in any criminal case, however the most common defenses to allegations of underage drinking include:

  • Non-alcoholic beverage
  • Service employee who is lawfully employed
  • Constructive possession

Constructive possession may be an effective defense if the alcohol was discovered in a location in which more than one person had access. You may also be employed in a capacity that causes you to be in possession of alcoholic beverages in the scope of your employment. Additionally, less than 1/2 percent alcohol by volume does not constitute underage drinking.

Contact Adams, Luka, & Benton Now

At Adams, Luka, & Benton, our Orlando underage drinking lawyers understand that there are many situations in which a person who is underage may be in possession of alcohol legally. We also understand how prosecutors work, and the tactics they use to secure a guilty verdict. Our top priority is to protect clients from a conviction, and the resulting penalties. We work diligently to secure your desired outcome, and provide you with skilled legal guidance. Contact us now for a free consultation at (407) 872-0307 or (352) 787-2101.

 
Client Reviews
★★★★★

I would like thank my attorney Thomas Luka. I knew from the beginning I had the right guy in my corner. While celebrating with family and friends at a Public Park in Seminole County, a fight broke out among various people. Myself, and a good friend, broke up the fight and the instigators left. Six months later, I was wrongly accused as the person who started the fight. The first attorney I hired could not even get a response from the State Attorney handling the case. Someone referred me to Tom and I felt comfortable at his demeanor and reactions.

After conversations with Tom, who knew I would settle for nothing less than a FULL DISMISSAL due to my innocence, I hired him. His firm Adams, Luka, & Benton did the due diligence by interviewing witnesses and the police who were on the scene, as well as starting a dialogue with the State Attorney. After gathering statements from witnesses, Tom was able to present a strong argument on my behalf to the State Attorney on why the case should be dismissed. If the State Attorney was not willing to dismiss the case, Tom was ready to take the case to trial.

The result by Thomas Luka: Case Dismissed.

I am 53 years old with a spotless record and glad to keep it that way thanks to the time, effort, hard work, and professionalism of Adams, Luka, & Benton.

Earl from Mesquite
★★★★★
Thomas Luka left a life-long great impression of lawyers. He was always professional, on time, and answered things honestly. From the start and during the 14 months it went on - Tom was very upfront and honest with me about the possible outcomes. The result was better than I had hoped for. Tom really over-delivered. HIGHLY RECOMMEND. Marcela Giorgi
★★★★★
Adams and Luka were very professional and savvy in the courtroom. When you're in court with Mr. Luka you will think you have the best attorney there. I recommend this law firm. Pioneer Tech
★★★★★
Rich Adams is an outstanding criminal attorney. I have had the opportunity to refer several friends and clients to his practice for handling of criminal matters, and on every occasion he has produced an excellent result. Rich practices with attention to detail, a thorough knowledge of the law, and a passion to defend his clients. I will continue to refer clients to Rich Adams, and would strongly recommend him for your legal needs. Brian Pink