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5 Things to Consider Before Underage Drinking From a Gainesville Criminal Defense Attorney

5 Things to Consider Before Underage Drinking From a Gainesville Criminal Defense Attorney

Our Gainesville Criminal Defense Attorney, John Whitaker, discusses what you should consider for before drinking alcohol if you are under the age of 21.

  1. Possession of alcohol by a person under 21 is a crime that can result in a permanent criminal record, a fine up to $500.00 and a maximum of 60 days in jail. A second conviction can get you up to a $1000.00 fine and a maximum of 1 year in jail.
  2. If you are under 18, along with the criminal penalties listed above, your driver’s license, or ability to get a driver’s license, will be suspended for a minimum of 6 months and up to one year for a first offense and 2 years for second or subsequent offense.
  3. If you are cited for possession of alcohol by a person under 21 in Gainesville and have never been in trouble, the State Attorney will likely offer you a Deferred Prosecution, an agreement to not prosecute you if you make a donation and stay out of trouble. DO NOT IGNORE A LETTER FROM THE STATE ATTORNEY.  Make sure if you are cited that they have your correct address. If they do not, or you ignore the letter from the State Attorney they will formally file charges against you, which can result in a permanent public record and a warrant for your arrest could be issued if you miss the court date.
  4. If you plan to carry a fake identification to get alcohol or get in a bar, understand that possession of a fake ID is a felony and if you are found to be in possession of the fake ID, even if you are not trying to use it, you will be arrested and taken to jail under a felony allegation. The felony charge carries a maximum fine of $5,000.00 and maximum of 5 years in state prison.  To be fair I have never seen anyone go to prison for a fake ID.
  5. If you are a college student, it can be reported to the university or college and will be reported to UF if you are arrested by UF Police. If reported, it can result in sanctions from the school including probation, a requirement to complete substance abuse programs, essays, and possible suspension and expulsion if you have multiple offenses.

If you are under the age of 21 and would like to discuss you or a friend’s case in underage possession of alcohol our Gainesville Criminal Defense Attorney is here to help. John Whitaker is a Gainesville native and graduate from the University of Florida College of Law. Since moving to private practice, he has handled thousands of criminal cases, from theft by a juvenile to attempted murder with a firearm. He continues to attend seminars focusing on criminal defense.

He has actual trial experience in DUI, possession of cannabis, battery, domestic battery, open container, theft, resisting an officer without violence, sale and possession of controlled substances, resisting an officer with violence, battery on a law enforcement officer, escape, grand theft auto, burglary with battery, aggravated battery with a deadly weapon, armed robbery and attempted murder with firearm.

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