Understanding Florida's Zero Tolerance DUI Laws

The state of Florida has a “zero-tolerance” policy for drinking and driving under 21. This law dictates that drivers under the age of 21 operating any motor vehicle (cars, motorcycles, boats, etc.) with a blood alcohol concentration (BAC) of 0.02% or higher can be arrested and charged with a DUI. This will result in loss of license for 6 months.

This stringent approach underlines the seriousness with which Florida treats underage DUI offenses. It reflects a broader commitment to public safety, promoting awareness among young drivers about the severe risks associated with impaired driving. Understanding these laws can be crucial for preventing such offenses and for forming a defense strategy if charged. Parents and guardians are strongly encouraged to educate their children on these laws to help curb underage drinking and driving incidents.

What Is the BAC Limit for Someone Under 21?

In the state of Florida, the legal Blood Alcohol Content (BAC) limit for those under 21 is 0.02%, which is far lower than the 0.08% limit for adults 21 and over.

If you are under the age of 21, pulled over, and cited for DUI, you face similar penalties as those over the legal drinking age.

Florida DUI Under 21 Consequences

Underage drivers cannot receive jail time for a DUI conviction, but this charge carries significant penalties, including fines and license suspension. In addition, the person’s car insurance rates may increase and they may be required to complete an alcohol education program. If someone under 21 is convicted of a DUI, it can have long-term consequences. A DUI conviction can remain on the person’s record for years and can make it difficult to find employment, housing, or even a loan. Furthermore, a minor convicted of a DUI may be subject to additional penalties, such as being required to obtain an ignition interlock device on their vehicle or having their license suspended for a longer period of time.

Penalties for Underage DUI Offenders in Florida

If convicted of a DUI under 21, you face the following penalties:

• First-time offense: Up to 6 months driver’s license suspension
• Second or subsequent conviction: Up to 1 year driver's license suspension
• BAC was 0.05% or higher: Mandatory DUI evaluation and course
• Thousands of dollars in fines
• Probation
• Community service

These penalties highlight the variability and seriousness of consequences based on individual case details. Apart from legal ramifications, underage DUI offenders may find it difficult to maintain their educational commitment or employment status due to the suspension of their driving privileges. These legal outcomes are structured not only to penalize but also to educate and reform offenders, steering them towards responsible behavior.

Navigating the Underage DUI Legal Process in Florida 

Underage DUIs do not go through the standard criminal DUI process; instead, they are handled through an administrative process conducted by the Florida Department of Highway Safety and Motor Vehicles. If an underage driver is pulled over for drunk driving but refuses a breathalyzer, blood, or another chemical BAC test, he or she is subject to an automatic license seizure and suspension of 12 to 18 months (depending on various factors).

What Is a DUI Hardship License?

In addition to these DUI defense strategies, we can assist underage motorists in applying for hardship licenses. A hardship license allows you to continue driving to/from work when your driver’s license is suspended, as long as you have an ignition interlock device (IID) installed on your vehicle. An IID is a device that requires the driver to measure his/her BAC by way of breath testing before the vehicle can be turned on/operated.

Counseling & Rehabilitation Options for Juvenile Offenders

Understanding the impact of DUI offenses on juveniles extends beyond legal consequences to psychological and behavioral impacts. Jacksonville offers a range of counseling and rehabilitation programs specifically tailored for young offenders. These programs aim to fulfill legal requirements and offer support and education to prevent future offenses. In many cases, participation can demonstrate a willingness to reform and a recognition of the offense’s severity, which can positively influence legal proceedings.

Programs often include individual counseling, educational workshops, and mentorship opportunities that address the root causes of drinking and driving behavior. Moreover, they provide a supportive community environment where young individuals can interact with peers facing similar situations, encouraging responsible decision-making. Legal representatives from First Coast Criminal Defense can assist in identifying suitable programs and guiding participation, ensuring compliance with court mandates and contributing to personal growth and accountability.

FAQs About Underage DUI 

Can a Juvenile DUI Affect My Child's Future?

Absolutely. A DUI conviction can affect a juvenile's future, impacting educational and professional opportunities. Colleges and universities may view a DUI as a character blemish, potentially affecting admissions decisions. Furthermore, employers often conduct background checks, and a DUI on record can influence hiring decisions. Additionally, auto insurance rates will likely increase, adding a financial burden. Thus, seeking qualified legal guidance is imperative to navigate the situation effectively and mitigate these consequences.

How Does Refusing a Sobriety Test Affect the Case?

Refusing a sobriety test in Florida leads to automatic license suspension—up to one year for a first refusal and 18 months for subsequent refusals. While refusal may prevent immediate evidence of intoxication, it complicates the legal process. Prosecutors may argue that refusal indicates guilt, potentially influencing the case outcome. Legal advice is crucial in these circumstances to navigate the administrative and criminal proceedings, seeking avenues to contest or mitigate penalties.

Are There Alternatives to Standard Penalties for Juvenile DUIs?

Yes, Jacksonville offers several programs aimed at rehabilitation rather than punishment. Diversion programs, community service opportunities, and counseling can sometimes replace traditional penalties if deemed appropriate by the court. These alternatives focus on education and reform, which can benefit the offender's personal growth and community reintegration. The courts often view Involvement in such programs favorably, signaling a commitment to rectifying the behavior that led to the DUI.

Contact Our Jacksonville Underage DUI Attorney Today

In order to legally stop an individual on suspicion of drunk driving, the arresting officer must have probable cause. Additionally, he or she must properly conduct field sobriety and/or chemical tests. Failure to do so can result in a case being thrown out.

At First Coast Criminal Defense, our Jacksonville underage DUI lawyers can work to determine if the arresting officer had probable cause to pull you over/stop your child on suspicion of driving under the influence of alcohol/drugs. In some cases, we may also be able to challenge the results of a field sobriety or chemical test.

No matter how grave or serious your situation may be, our Jacksonville underage DUI defense attorneys are prepared to advocate for your rights. We have extensive experience in all aspects of Florida DUI laws and can help you seek the best possible outcome in your case. 

Contact First Coast Criminal Defense today for a complimentary case evaluation with our Jacksonville underage DUI lawyer!