Every March, St. Petersburg fills up. The weather turns warm, the beaches get crowded, and teenagers and college students pour into Pinellas County from all over the state and the country. For most families, spring break is well-earned. But for some, it ends with a phone call no parent wants to receive.
Your child has been arrested.
I have worked in and around the Pinellas County criminal courts for years, first as an Assistant Public Defender handling hundreds of cases involving young people, and now as a criminal defense attorney at my own firm. I have seen how quickly a single spring break decision can spiral into something with real, lasting consequences. I have also seen how often families are caught completely off guard by how seriously Florida law treats underage drinking charges and fake ID charges — and how much better things tend to go when someone calls an attorney early.
This post is for parents. If your child was just arrested, or if you want to understand the law before something happens, here is what you need to know.
What Underage Drinking Actually Means Under Florida Law
The term “underage drinking charge” sounds like something a teenager gets a lecture for and moves on. In Florida, that assumption can cost your child their driver’s license, their financial aid, and potentially years of their future.
Under Florida Statute 562.111, it is a crime for anyone under the age of 21 to possess alcohol. The law defines possession broadly. Your child does not need to be holding a drink. If alcohol is nearby and within their control, that can be enough. A first offense is a second-degree misdemeanor, which carries a penalty of up to 60 days in jail and a $500 fine. A second time, however, could be a first-degree misdemeanor, which carries a penalty of up to a year in jail and up to a $1,000.00 fine.
But here is the piece that surprises most families: a conviction also triggers a mandatory two-year driver’s license suspension under Florida law — even if your child was not in a car and had nothing to do with driving that night.
That alone should tell you that this charge deserves more attention than most people give it.
When a Fake ID Enters the Picture
Many young people use fake IDs during spring break (and in college). Some borrow an older sibling’s license. Some order one online. Many assume that getting caught is, at worst, a minor inconvenience.
Florida law treats it differently.
Under Florida Statute 322.212, altering the date of birth is a second-degree misdemeanor punishable by up to 60 days and a fine of up to $500. But possessing a forged or fraudulent ID is a third-degree felony. That means the charge carries a potential sentence of up to five years in prison and a fine of up to $5,000.
I want to be clear about what that distinction means in practice. A college freshman who borrowed a friend’s ID to get into a bar is in a very different legal position than a freshman who used a purchased fake with a false name and date of birth. Both situations are serious. But one is a felony under Florida law, and that is a word that follows a person for a long time.
When both charges are filed together — underage possession of alcohol and fake ID possession — your child is facing multiple criminal counts from a single night. If you have a young person in this situation, connecting with a St. Petersburg criminal defense attorney as early as possible gives you the most options going forward.
The Consequences That Don’t Stay in Florida
Here is the conversation I have with almost every parent who calls me after a spring break arrest. They assume that once the legal piece is handled, it is over. In reality, the consequences of an underage drinking charge or a fake ID charge often show up long after the case is closed.
Financial aid eligibility is one of the most overlooked impacts. Under federal law, a drug or alcohol conviction can affect a student’s ability to receive federal financial aid for at least one year. Some students lose scholarships directly through their universities. Others face disciplinary proceedings through their school’s student conduct office, which operates completely separately from the criminal case.
Then there are background checks. Even a misdemeanor conviction can appear on a standard background check. Employers, graduate school admissions committees, and landlords all run them. A charge that a family paid off and walked away from without legal counsel can quietly close doors for years.
One of the most common mistakes I see is families paying the fine listed on a Notice to Appear without realizing they are entering a criminal guilty plea. In Florida, that is not a ticket. That is a misdemeanor conviction on your child’s record.
What Actually Happens After an Arrest in Pinellas County
After a minor is arrested or issued a Notice to Appear for an underage drinking or fake ID charge in Pinellas County, the case is usually sent to the State Attorney’s Office for a charging decision. For first-time offenders with no prior history, there is often an opportunity to pursue a diversion program, which can result in the charges being dismissed after completing certain requirements.
I am not going to tell you that every case qualifies or that diversion is guaranteed. What I can tell you is that timing matters. The earlier an attorney is involved, the better positioned your family is to pursue every available option before the window closes.
My background as a former Assistant Public Defender and in private practice in Pinellas County means I have worked with the same prosecutors and inside the same courtrooms that will handle your child’s case. That familiarity matters when you are trying to reach a resolution that protects your child’s record. If you want to understand how I approach juvenile defense cases specifically, that page has more detail on the process.
If a Vehicle Was Involved
If your child was driving, or if they were a passenger in a car where open alcohol was present, the legal situation becomes more complicated. Florida Statute 316.1936 prohibits open containers of alcohol in motor vehicles, and the penalties apply to both drivers and passengers.
More importantly, if your child was driving after consuming alcohol, the charge may rise to a DUI. Florida’s DUI statute applies to anyone operating a vehicle while impaired, regardless of age. For minors, the legal threshold is even lower: a blood alcohol content of 0.02 percent or higher can support a DUI charge.
That is a meaningful distinction from a possession charge, and the penalties are substantially more serious. If there is any chance a vehicle was part of the situation, I encourage you to read through what a DUI defense in St. Petersburg actually involves and give me a call right away!
What You Should Do Right Now
If your child was arrested this spring break, the most important step is simple: call an attorney before signing, paying, or submitting anything.
Do not pay the notice to appear. Do not let your child give additional statements to law enforcement. Do not assume that a first offense automatically disappears.
Florida’s laws in this area are genuinely serious, and the long-term consequences of a conviction are real. But first-time offenders with good facts and early legal representation often have meaningful options. What matters is acting before those options close.
If you have questions about your child’s situation, I am happy to talk through the specifics. My firm represents young people and families throughout St. Petersburg, Pinellas County, and the broader Tampa Bay area.
Frequently Asked Questions
Is underage drinking a felony in Florida?
A standard underage drinking charge — possession of alcohol by a minor under Florida Statute 562.111 — is a second-degree misdemeanor for a first offense, not a felony. However, if a fake ID is involved, there could be multiple misdemeanors or even an additional third-degree felony under Florida Statute 322.212, which carries up to five years in prison.
What is the penalty for a fake ID in Florida?
It depends on the type of fake ID and the context. Possessing someone else’s ID could be a felony, but simply misrepresenting one’s age to induce the sale of alcohol is a misdemeanor. I’ve unfortunately seen it prosecuted both ways, despite the drastic difference. A forged ID could also be a felony. If the ID was used to apply for a Florida identification card using false information, it is also charged as a third-degree felony.
Can my child get their record expunged after an underage drinking arrest in Florida?
In some cases, yes. If your child completes a pretrial diversion program and the charge is dismissed, expungement may be available. Eligibility depends on the specific charges, your child’s prior record, and the outcome of the case. This is one of the strongest reasons to involve an attorney early — expungement options are often tied to how the case is resolved in the first place.
Does an underage drinking charge affect college financial aid?
A conviction for an alcohol-related offense can affect federal financial aid eligibility under the Higher Education Act. The length of the impact depends on the nature of the conviction and prior history. Some schools also have their own scholarship and conduct policies that apply independently of the federal rules.
What should I do if my child is arrested during spring break in St. Petersburg?
Contact a criminal defense attorney as soon as possible — before anything is signed, paid, or submitted. Do not pay a Notice to Appear without legal counsel, as doing so may constitute a criminal guilty plea. An attorney familiar with Pinellas County courts can assess the charges, identify options for diversion or dismissal, and help protect your child’s record and future opportunities.
If your child was arrested for underage drinking or a fake ID charge in St. Petersburg or anywhere in Pinellas County, my firm is here to help. Contact Nunnally Law Firm at 727-746-4343 or use our website to schedule a consultation. The sooner we talk, the more options your family has.
