Halloween weekend. A football Saturday. A beach day at Jacksonville Beach that turns into a long night. Jacksonville gives young adults plenty of reasons to go out, and one rough night can leave you with a criminal charge you never saw coming.
Underage drinking, a fake ID, and disorderly conduct often show up in the same case. In Florida these are criminal charges, not just tickets, and a conviction can follow you long after the weekend is over. If you or someone you love is facing one of them in Duval County, this guide explains what the charges mean, what happens next, and how to protect your future.
The short answer: Underage drinking, disorderly conduct, and most fake ID charges are misdemeanors in Florida, but they still carry possible jail time, fines, and a criminal record. Don't discuss the case with police or post about it online, write down every court date, and talk to a Jacksonville criminal defense lawyer before you go to court or enter a plea. How your case ends can decide whether you can ever seal or expunge it.
The Charges at a Glance
Charge | Florida law | Classification | Maximum penalty on paper |
Underage possession of alcohol | Fla. Stat. 562.111 | Second-degree misdemeanor | 60 days in jail, $500 fine |
Disorderly conduct | Fla. Stat. 877.03 | Second-degree misdemeanor | 60 days in jail, $500 fine |
Disorderly intoxication | Fla. Stat. 856.011 | Second-degree misdemeanor | 60 days in jail, $500 fine |
Resisting an officer without violence | Fla. Stat. 843.02 | First-degree misdemeanor | 1 year in jail, $1,000 fine |
Simple battery | Fla. Stat. 784.03 | First-degree misdemeanor | 1 year in jail, $1,000 fine |
Fake ID offenses | Fla. Stat. ch. 322 and 562 | Misdemeanor to felony, depending on the charge | Varies |
Those are the maximums. Real outcomes depend on the facts, your record, and the prosecutor, and first-time cases can often be resolved without jail. Still, a maximum on paper is a good reason to take any charge seriously. You can learn more about how these cases work on our Florida misdemeanors page.
Underage drinking charges in Florida
Florida law makes it a crime for anyone under 21 to possess alcohol. Prosecutors don't have to catch you mid-sip. A cup in your hand, a can in a cooler you were carrying, or a bottle in a car you control can all lead to a charge.
Underage possession is a second-degree misdemeanor. If you're under 18, a conviction can bring driver's license consequences too, and if you were behind the wheel, underage DUI carries its own, stricter rules. Our underage drinking page walks through the charge in more detail, and our post Underage? Don't Hold That Drink covers the basics.
Defenses worth examining
- Possession. Was the alcohol actually yours, or just near you at a crowded party?
- The stop, entry, or search. Officers need a lawful reason to detain you or to enter a home or car.
- The evidence. Can the State show the drink was alcohol and that you knowingly possessed it?
- Your statements. What you said to officers, and when, can sometimes be challenged.
Fake ID Charges in Florida
“Fake ID” isn't one charge. Depending on the facts, you could be charged for possessing a fake or altered ID, using someone else's real ID, misrepresenting your age to get alcohol, or, far more seriously, making or selling IDs. Cases involving young adults usually land on the misdemeanor side, but the serious versions can be felonies, so the exact charge matters a great deal.
A fake ID case can also reach further than an alcohol charge because it involves a false statement. That can raise extra concerns for schools, employers, and licensing boards. Our Fake ID page and Fake ID lawyer in Jacksonville page explain the charges, and The Real Cost of a Fake ID covers what's at stake beyond the fine.
If a bar, store, or event staff member confiscated your ID, don't assume it's over. A charge can arrive later by summons or notice to appear, and ignoring it can lead to a warrant.
Disorderly Conduct and Disorderly Intoxication
Disorderly conduct covers behavior that disturbs the peace, outrages public decency, or amounts to brawling or fighting. It's a broad, loosely defined charge, and it often follows a crowded night out when things get heated. Our post on Florida disorderly conduct breaks down the law and the penalties.
Being drunk in public is not, by itself, a crime in Florida. Disorderly intoxication requires that you were intoxicated in a public place and also endangered someone or caused a disturbance. That distinction matters, and it's one a defense lawyer can use.
These charges rarely travel alone. A heated moment can add resisting an officer without violence or simple battery to the paperwork, which is how a minor incident becomes a much bigger case.
What Happens After an Arrest or Citation in Jacksonville?
- Arrest or notice to appear. You may be booked into the Duval County jail, or released with a paper charge. Read about the notice to appear and the criminal summons.
- First appearance. Within 24 hours of an arrest, a judge reviews your case and sets release conditions such as no alcohol or no contact. Watch our first appearance video or read why having a lawyer at first appearance matters.
- Arraignment. You'll be asked how you plead. Don't plead before you've talked to a lawyer. Our arraignment video explains the process.
- Pretrial. This is where evidence is reviewed, motions are filed, and negotiations happen. Depending on your eligibility and the prosecutor, there may be alternatives to a conviction.
- Resolution. The case ends in a dismissal, an agreed resolution, or a trial.
Miss any of these dates and the court can issue a warrant. See what happens if you miss a misdemeanor court date and our Florida warrants page.
How a Charge Can Affect Your Record and Future
An arrest can appear on background checks even before your case ends, and a dismissed charge can still show up until it's cleared. Employers, landlords, schools, scholarship committees, and licensing boards may all look.
Florida law allows only one sealing or expungement in a lifetime, so how your case ends matters. In many situations, a conviction can close the door on sealing, while a dismissal or a withhold of adjudication may keep it open.
Learn more: expungement and record sealing, Sealing Your Criminal Record in Florida, What Crimes Cannot Be Sealed in Florida, How Long Does a Crime Stay on Your Record, and Can a Florida Criminal Record Affect Housing Opportunities?
What to do right now
- Stay calm and be respectful. Don't argue, resist, or run.
- Stay off social media. Don't post, text, or message about the night.
- Write down what you remember. Times, places, officers' names, who was with you, and what was said.
- Keep your paperwork and calendar all court dates. Missing court is the easiest way to make things worse.
- Follow your release conditions. If a judge ordered no alcohol or no contact, treat it as a firm rule.
- Call a lawyer before your first court date. Ideally before arraignment.
If Your Son or Daughter Was Arrested
Your first instinct may be to ask a hundred questions. The most helpful move is to get a lawyer involved before your child talks to anyone else about the case, then offer steady support while it plays out. Our guide on how family members can support loved ones facing criminal charges can help.
If the party was at your home, Florida's open house party law can put the adult in control of the residence at risk of criminal charges when minors are drinking there. See our open house party page.
How a Jacksonville Criminal Defense Lawyer Can Help
A lawyer can review whether the stop, search, or arrest was lawful, challenge the evidence, negotiate toward the best available outcome, handle court appearances where the court allows, and steer your case toward a result that protects your ability to seal or expunge the record.
The Law Offices of Kate Mesic, P.A. defends misdemeanor charges in Jacksonville and throughout Duval County. If you've been charged with underage drinking, a fake ID offense, or disorderly conduct, call (904) 615-8950 or contact us online. You can also learn why clients hire us. Our office is at 6550 St. Augustine Road, Suite 305, Jacksonville, FL 32217.
Frequently Asked Questions
Is underage drinking a crime in Florida? Yes. Possessing alcohol under age 21 is a second-degree misdemeanor in Florida. It's a criminal charge, not a civil ticket, and it can lead to a record.
Can you go to jail for underage drinking in Florida? On paper, yes: up to 60 days. In practice, first-time cases are often resolved without jail, but the result depends on the facts, your history, and the prosecutor.
What counts as disorderly conduct in Florida? Conduct that disturbs the peace, outrages public decency, or involves brawling or fighting. It's a second-degree misdemeanor.
Is public intoxication illegal in Florida? Not by itself. Disorderly intoxication requires being intoxicated in a public place and also endangering someone or causing a disturbance.
Will these charges show up on a background check, and can they be sealed or expunged? An arrest or charge can appear on background checks. Whether you can seal or expunge it depends largely on how the case ends, and Florida generally allows only one sealing or expungement per person, so it's worth getting advice before you resolve the case.
I got a notice to appear but wasn't arrested. Do I still have to go to court? Yes. A notice to appear is a court date. Ignoring it can lead to a warrant.
Should I plead guilty to a misdemeanor at arraignment? Not without legal advice. A plea can mean a conviction, and that can affect whether you can ever seal the record. A lawyer can walk you through your options first.
Can a parent be charged if minors drink at their home? Possibly. Florida's open house party law can apply to an adult who controls a residence, knows minors are drinking there, and doesn't take reasonable steps to stop it.
This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Laws change and every case is different.