F.S. 856.011, F.S. 856.015, F.S. 562.11, F.S. 562.111 – Drunkenness, House Parties and Alcohol-Related Offenses

In Fort Lauderdale, the allure of nightlife and beach gatherings can sometimes lead to unintended encounters with Florida’s alcohol-related laws. Offenses like public drunkenness, underage drinking, and hosting out-of-control parties can have serious legal repercussions – especially for younger individuals, including college students and recent graduates. 

For parents, understanding the impact of these charges and the role of an experienced Fort Lauderdale criminal defense attorney can be crucial to ensuring the best possible future for their children.

In Florida, several statutes govern alcohol-related offenses, including public drunkenness, underage drinking, and unruly parties. Below is an overview of the relevant laws, their elements, penalties and potential defenses.

Florida Statute 856.011 addresses public drunkenness, or "disorderly intoxication." This offense occurs when an individual is found to be intoxicated in public, creating a disturbance that poses a risk to others’ safety.

To establish a charge of disorderly intoxication, the prosecution must prove:

1. The individual was intoxicated in a public place.
2. Their intoxication endangered public safety or disturbed the peace.

Disorderly intoxication is classified as a second-degree misdemeanor, punishable by up to 60 days in jail and a fine of up to $500. While this may seem minor, a conviction can still create a permanent criminal record, potentially impacting employment and educational opportunities.

Defenses to public drunkenness charges may include demonstrating that the individual was not actually intoxicated or that their behavior did not disturb the peace or endanger others. Evidence such as witness testimony or video footage may help refute these elements.

Florida Statute 856.015 covers open house parties, which occur when a person hosts a gathering where underage drinking or drug use occurs.

To charge someone under this statute, the prosecution must prove:

1. The defendant hosted a party at a residence.
2. Minors at the party were allowed to consume alcohol or drugs.
3. The host knew, or should have known, that minors were drinking or using drugs.

Hosting an open house party is a second-degree misdemeanor with penalties of up to 60 days in jail and fines reaching $500. However, if a minor sustains harm or injury at such a party, the host may face additional charges or civil liability.

Defenses for open house party charges may involve proving that the host did not know of the underage drinking or that reasonable efforts were made to prevent it. Testimonies from attendees or security measures (such as ID checks) can support these defenses.

Under Florida Statute 562.11, selling or providing alcohol to a minor is strictly prohibited. This statute applies to anyone who provides, sells, or otherwise makes alcohol accessible to individuals under 21.

To win a conviction on a charge of selling alcohol to a minor in Fort Lauderdale, the prosecution must establish that:

1. The defendant knowingly supplied alcohol to a person under 21.
2. The defendant did not have a valid exception under the law (e.g., parental consent).

Providing alcohol to a minor is a second-degree misdemeanor with a maximum sentence of 60 days in jail and fines up to $500. Repeat offenders may face more severe consequences, as well as potential civil liability (a civil lawsuit) if the minor incurs injuries while intoxicated. This lawsuit can be filed not only against the person who furnished the alcohol, but anyone who allowed that alcohol to be consumed on their premises. 

Possible defenses include arguing that the defendant was unaware of the minor’s age, which may be supported by evidence showing a lack of reasonable suspicion (e.g., fake identification). Alternatively, if there was parental consent or another legal exception, that may be presented as a defense.

Just as it is unlawful for someone to sell or furnish alcohol to someone under the age of 21, it is also unlawful for those under 21 to possess it. 

Florida Statute 562.111 criminalizes underage possession of alcohol. This offense typically applies to individuals under 21 found in possession of any alcoholic beverage.

To establish underage possession, the prosecution must prove:

1. The defendant was under the age of 21.
2. The defendant knowingly possessed alcohol.

Underage possession is a second-degree misdemeanor punishable by up to 60 days in jail, a $500 fine, and a potential driver’s license suspension. A conviction can also impact a young person’s financial aid eligibility, school enrollment, or future job prospects.

Defenses may include lack of knowledge (e.g., unknowingly holding a friend’s drink) or lack of intent (e.g., holding an alcoholic beverage without the intention to consume it). Additionally, certain “safe harbor” provisions may apply if the minor sought help for alcohol-related emergencies.

Being charged with an alcohol-related offense can have long-lasting consequences. A skilled Fort Lauderdale criminal defense lawyer offers critical benefits in these cases, such as:

1. Challenging Evidence: Attorneys can examine the circumstances of the arrest to determine if law enforcement followed proper procedures or violated rights.
2. Negotiating with Prosecutors: An experienced lawyer can often negotiate for reduced charges or alternative sentencing, like probation or community service, to minimize the impact on the defendant’s record.
3. Guiding Young Defendants: For college students and young adults, a conviction can jeopardize scholarships, financial aid, or career prospects. A Fort Lauderdale defense attorney’s guidance can help avoid or reduce these outcomes, securing a brighter future.

Some parents may feel that facing the consequences without legal representation will teach their young adult child a lesson. However, in Florida’s criminal justice system, this approach can backfire. A criminal record can create obstacles to employment, housing, and educational opportunities – ultimately derailing a young person’s future.

Additionally, without skilled representation, young defendants are at a greater risk of receiving harsher sentences or unfair treatment. Parents who want to ensure a productive future for their children should seriously consider the advantages of a criminal defense attorney. 

A criminal defense attorney’s work goes beyond legal defense. They offer valuable counsel and may even advocate for restorative or diversionary programs that help defendants learn from their mistakes without suffering permanent consequences.

If you or your child is facing such charges in Fort Lauderdale, securing the expertise of an experienced criminal defense lawyer is essential. A criminal defense attorney can offer a strong defense, guide defendants toward corrective programs, and, most importantly, work to protect their futures. For parents, supporting their child with the best legal defense possible is not about avoiding responsibility; it’s about ensuring their loved one’s mistakes don’t define their entire future.

If you’re arrested in Fort Lauderdale, call The Ansara Law Firm today for your free initial consultation at (954) 761-4011.