One bad decision on Spring Break can leave you with more than a hangover – it can leave you with a criminal record. This is part of BD Law’s 10-article series on common Spring Break mistakes and how to avoid them.
A Fun Night Out Can Quickly Turn Into a Legal Nightmare
Picture this: You’re a college student visiting Florida for Spring Break, and you’re out with friends trying to get into a popular club. You hand the bouncer your fake ID, but instead of letting you in, he holds onto it and calls security. Moments later, you find yourself being questioned by police – and suddenly, what seemed like a harmless way to buy drinks has turned into a serious legal issue.
Every year, thousands of young adults in Florida are charged with possessing a fake ID or underage drinking, especially in Spring Break hotspots like West Palm Beach, Fort Lauderdale, and Miami. Brandon Dinetz, a Florida criminal defense attorney and former prosecutor, has seen firsthand how these cases unfold – and how quickly they can escalate. Many don’t realize that these offenses can carry steep penalties, including felony charges, fines, and even jail time.
Understanding Florida’s strict laws on fake IDs and underage drinking can help you make better choices and avoid life-changing consequences.
Florida’s Laws on Fake IDs & Underage Drinking
Possession of a Fake ID (Florida Statute 322.212)
In Florida, simply possessing a fake ID is a felony. Whether you’re caught trying to buy alcohol or using it for any other purpose, carrying an altered, forged, or counterfeit identification card is a third-degree felony, punishable by:
- Up to 5 years in prison
- Fines up to $5,000
- Probation & community service
- A permanent criminal record
Many students assume that if they’re caught, they’ll just have their ID confiscated and be sent on their way. In reality, law enforcement actively looks for fake IDs during Spring Break, often using ID scanners, undercover officers, and sting operations at bars and liquor stores.
Underage Possession of Alcohol (Florida Statute 562.111)
If you’re under 21 and caught with alcohol, even if you’re not drinking it, you could face a second-degree misdemeanor, which carries:
- Fines up to $500 (first offense)
- Up to 60 days in jail
- Community service and probation
- A one-year driver’s license suspension
A second offense increases the penalties, including a longer license suspension and higher fines.
Using a Fake ID to Buy Alcohol
If you use a fake ID to purchase alcohol, you’re violating both fake ID and underage drinking laws – which can result in multiple charges. Bars and clubs are also cracking down because they can lose their liquor license if caught serving minors. Bouncers and bartenders will confiscate fake IDs and report them to the police.
Criminal Consequences & Long-Term Impact
Many college students assume a fake ID charge or underage drinking violation is minor, but these offenses can have lasting effects:
- Misdemeanor vs. Felony Charges: A misdemeanor charge might lead to probation, but a felony conviction can impact your entire future.
- Impact on College & Career: Arrests for fake IDs and underage drinking can affect scholarships, financial aid, and even your ability to study abroad.
- Criminal Record Consequences: Employers, landlords, and graduate schools conduct background checks – having a fake ID conviction on your record can cost you future opportunities.
Real Case Example: How Legal Representation Can Change the Outcome
During Spring Break, law enforcement – and even bar staff – are on high alert for underage drinking and fake IDs. One out-of-state college student learned this the hard way when a bouncer confiscated their fake ID and alerted security. Police were called, and the student was arrested and charged with a third-degree felony for possessing a fraudulent ID.
Despite having no prior criminal history, they faced serious legal consequences that could have followed them for life. Attorney Brandon Dinetz used his relationships with the State Attorney’s Office to negotiate a pretrial diversion program. The student was required to complete a class and community service, and upon successful completion, the charges were dismissed, and their record was expunged.
This case serves as a warning – Spring Break arrests for fake IDs are not just a slap on the wrist. The best way to avoid legal trouble is to leave the fake ID at home.
What to Do If You’re Arrested for a Fake ID or Underage Drinking in Florida
If you or a friend is arrested, don’t panic – follow these steps to protect yourself:
- Stay Calm & Be Polite: Arguing or resisting will only make things worse.
- Do Not Admit Guilt: Anything you say can be used against you. Politely decline to answer questions without a lawyer present.
- Call an Attorney Immediately: The sooner you have legal representation, the better your chances of reducing or dismissing the charges.
- Document Everything: If you were unfairly targeted or entrapped, your attorney can use this to build your defense.
How BD Law Can Help
At BD Law, attorney Brandon Dinetz and his legal team specialize in defending young adults charged with fake ID possession and underage drinking in Florida. As a former prosecutor, Brandon understands how these cases are handled in court and knows how to negotiate the best possible outcome for his clients.
We can help by:
- Negotiating plea deals to avoid jail time
- Fighting for pretrial diversion programs (which could lead to case dismissal)
- Working to get charges reduced or dropped
- Helping with record expungement to clear your name
Many first-time offenders are eligible for diversion programs, which may include a class, community service, and probation. Successfully completing the program can result in your charges being dismissed and your record expunged.
Charged with a Fake ID or Underage Drinking? Protect Your Future Today with BD Law
If you or your child has been arrested for using a fake ID or underage drinking in South Florida, don’t wait. BD Law has successfully defended college students, Spring Break tourists, and young adults in West Palm Beach, Boca Raton, Fort Lauderdale, Miami, Jupiter, Delray Beach, and throughout South Florida.
(561) 778-5213 now for a free consultation to protect your future.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult with an attorney for legal guidance on your specific case.