Criminal Defense

in the united states, possession or consumption of alcohol by any person beneath the age of 21 is illegal, unless the minor is in the presence of a parent, guardian, or spouse over 21. Likewise, offering alcohol to a minor is illegal, unless the provider is the minor’s parent, guardian or spouse of legal age and he or she is present when the minor possesses and consumes the alcohol. Any provider who does not fit into this exception commits a criminal offense when he or she gives alcohol to a minor. Whether or not an individual is came across offering alcohol to a minor, he or she may be arrested and may be held liable for any damages that occur because of the minor’s intoxicated state.

what qualifies as offering alcohol?

many states have broadened the definition of offering alcohol to include a small amount of dissimilar circumstances. Buying alcohol for a minor and giving it to him or her, whether it was paid for by the provider or the minor, is illegal. Permitting a minor to take a drink from alcohol in your possession likewise qualifies as offering alcohol. In the state of florida, additional statutes have been produced that may even hold adults liable for minors drinking alcohol when the adults don’t physically give alcohol to minors. Known as the open house party law, this statute extends the scope of the criminal offense to include party hosts.

open house party statute

according to florida law, any person who is in control of a residence, allows a house party, and is conscious that minors are consuming alcohol or using drugs on the premises may be arrested. When the law was basic enacted, it used just to adults age 21 or older who hosted a party. Now, nonetheless, the law has been extended to include people as young as age 18 who knowingly grant minors to drink on their property. The provider may be an older sibling, friend, coworker, or other acquaintance, but the offense is still the same. Any person who “looks the other way” and permits minors to drink is in violation of the open house party statute and may be criminally charged.

penalties

furnishing alcohol to a minor is a class a misdemeanor in florida and carries a alike charge in most states. For even a basic offense, an offender may serve up to 1 year in jail and be penalized with up to a $4,000 fine. Adults who violate the open house party statute are more likely to be prosecuted severely because these cases quintessentially implicate a large number of minors. Whether or not you have been charged with offering alcohol to a minor, you will likely face an aggressive prosecution in court. Consider consulting with a criminal defense attorney immediately to see to it that your rights are protected and to support you prepare your case for court.

for more information

to learn more with regards to preparing your defense against criminal charges, please visit the internet site of experienced west palm beach criminal lawyers eric n. Klein & associates, p. A. Today.