Three very common arrests in the Destin, Fort Walton Beach and Okaloosa & Walton County area are:
- Contributing to the Delinquency or Dependency of a Minor (Minor Intoxication)
- Misrepresenting or Misstating Age or Age of Another to Induce Licensee to Serve Alcoholic Beverages to Person Under 21(Fake ID)
- Serving, Selling or Giving Alcoholic Beverages to a Person Under 21
Most people are familiar with the first two on the list.
Contributing to the Delinquency of a Minor by supplying alcohol is a very common misdemeanor charge.
But in the Destin or Fort Walton Beach, Florida area, simply telling a bartender or liquor store cashier an inflated or false age is also a misdemeanor.
And if a person uses a Fake ID or Driver’s License to purchase alcohol, it can be charged as a felony.
During the spring break season it is not uncommon for an adult over the age of 21 to be charged with supplying alcohol to a person under the age of 21.
Many students do not consider the fact that hanging out, having fun with their friends can lead them to being charged with a misdemeanor or worse if they buy or in some way provide alcohol for their friends that are not 21.
One of the most commonly charged offenses falls under Florida Statutes §562.11. This provision makes it a crime for any adult who knowingly allows an underage person to consume alcohol in his or her presence.
Anyone that supplies or sells alcohol to someone underage is liable for any injuries or damages caused by them.
This includes adults that allow underage drinking in their home, as well as bars, restaurants, and stores that allow it on their licensed premises.
This relates to any “alcoholic beverage” that contains at least one-half of 1 percent or more alcohol by volume.
What It Takes To Be Convicted Of Contributing to the Delinquency of a Minor, Misrepresenting your Age With A Fake ID, or Serving, Selling or Giving Alcoholic Beverages to a Person Under 21 In Okaloosa County or Walton County
To prove that an adult knowingly supplied alcohol to an underage person, there are two elements of the crime the state must prove beyond a reasonable doubt:
- The defendant, sold, gave or permitted the service of an alcoholic beverage on licensed premises and allowed the minor to consume the alcoholic beverage on the premise.
- The person(s) who consumed the alcohol was under the age of 21.
The Penalties for Contributing to the Delinquency of a Minor, Using A Fake ID, or Serving, Selling or Giving Alcoholic Beverages to a Person Under 21 In Okaloosa County or Walton County
Violation of Fla. Stat. §562.11(1)(a)(1) is a second-degree misdemeanor and the penalties are a term of imprisonment for up to 60 days and $500 in fines.
In addition to these penalties, the court can order the Department of Highway Safety and Motor Vehicles to withhold issuance, suspend or revoke the driver’s license or driving privileges.
Therefore, in order to protect your rights as well as your future, it is important to contact a defense attorney to discuss possible defenses that may apply under the particular facts and circumstances of your case.
If you’ve been cited in Fort Walton Beach, Destin or elsewhere in Okaloosa County or Walton County, call Lupella & Rehr at (850) 362-6655 for a free consultation.