If you receive charges for an underage DUI in Florida, you are likely wondering what the penalties are and what defense an attorney can form for you to avoid a conviction. These are both common questions, as getting a DUI under 21 years old can have a negative impact on your life well into the future. The most useful step is to hire a defense lawyer for the underage DUI charge right away. Doing so may help you avoid the most severe consequences of a conviction.
Criminal defense attorney Matt Shafran at Weinstein Legal Team handles underage DUI cases across South Florida. With years of experience fighting DUI charges in court, and defending juveniles facing criminal charges, he will fight tirelessly in your defense. Contact Mr. Shafran at 888-626-1108 for a free case evaluation today.
When you contact Weinstein Legal Team, a team starts on your case right away. The prosecutor's office and law enforcement have already started on theirs. A defense lawyer can review the stop, the testing, and the paperwork while that evidence is still fresh. Remember that you are never required to answer questions from police or a prosecutor without an attorney present.
Underage DUI Defined According to Florida Law
Getting a DUI under 21 years old in the state of Florida is known as an underage DUI. What this means is that law enforcement arrests you for driving under the influence of alcohol (though you can also receive a DUI for driving on prescription medication).
The legal drinking age is 21 years old, and it is illegal not just to drive after consuming alcohol if you are younger, but illegal to drink at all. For a person over the age of 21, the legal blood alcohol content (BAC) is 0.08%. What this means is that if a police officer stops an adult driver and administers a breath test, a reading under 0.08 does not by itself establish the offense, though a driver can still be charged under Florida Statute 316.193(1)(a) if their normal faculties are impaired. This is not the case for individuals under the age of 21.
Under Florida Statute 322.2616, it is unlawful for a driver under 21 to drive with a breath or blood alcohol level of 0.02 or higher, a level one drink can reach. That zero-tolerance violation is an administrative license suspension; the statute says it is neither a traffic infraction nor a criminal offense. A driver under 21 whose normal faculties are impaired, or who reaches 0.08 or higher, can also be arrested and charged with DUI under Florida Statute 316.193, the same criminal charge an adult faces.
Penalties for an Underage DUI in Florida
A driver under 21 who registers 0.02 or higher loses their license under Florida Statute 322.2616: six months for a first violation, and one year if their driving privilege has already been suspended under that section. Refusing the breath test carries a longer suspension, one year for a first refusal and 18 months for a subsequent one. If you cause bodily harm to another individual you could need representation from an experienced DUI manslaughter lawyer.
Additionally, a judge will likely order you to pay significant fines and court costs. They may impound your vehicle, which means you will also have to pay to get it out of the impound lot, where charges increase for each day it is there. A judge can sentence you to community service, probation, and even jail time.
Do not face this alone. The state has to prove its case, and a defense lawyer's job is to test whether it can, before the consequences above become permanent.
The Impact of an Underage DUI Conviction
A DUI under Florida Statute 316.193 is a criminal traffic offense, so a conviction at any age leaves a criminal record. A 0.02 zero-tolerance suspension under Florida Statute 322.2616 is administrative and does not create one on its own, though it does go on your driving record and often runs alongside a criminal DUI charge. You are still young and have much of your life ahead of you. You do not want to have a criminal record holding you back from what you can accomplish.
You may become limited in your employment options, particularly if you want to apply to an organization that requires you to drive as part of your job. Anyone who runs a background check on you will see the conviction. This can damage your reputation significantly. Additionally, if law enforcement finds that your blood alcohol content is particularly high, you may have to attend an alcohol rehabilitation program.
If a judge orders you to complete a rehabilitation program, you may miss time from school, have to spend time away from your family and friends and face losing your job if you are currently employed.
How to Contest an Underage DUI in Florida
If you are facing charges for getting a DUI under 21 years old, you need a defense lawyer working on it quickly. A charge is not a conviction, whatever your age. What matters is having an attorney who reads the whole file, protects your rights, and builds the defense the facts actually support. The most common defense strategies to fight a DUI case are as follows:
Illegal Stops and Alcohol Influence Reports
Defense strategies that an experienced attorney may employ include proving that a police officer did not legally stop you. Another line of defense is the paperwork. The arrest report, the DUI citation, and the officer's alcohol influence report get compared against the video and the test data, and discrepancies between them can undercut what the state says happened.
Miranda Rights and the Right to Legal Counsel
Still, a defense attorney may be able to prove that the police did not read you your rights upon arrest, or that they did not advise you that you have the right to legal counsel before questioning. These rights are known as Miranda Rights. Miranda attaches to questioning once you are in custody. If police questioned you in custody without the warnings, a court can suppress what you said, but statements you volunteered, and answers to routine roadside questions before an arrest, are usually still admissible.
Challenging a Breath Test or Field Sobriety Exercises
Florida Statute 316.1932 puts every driver under implied consent: by driving in Florida you consent to a breath, blood, or urine test after a lawful DUI arrest. Implied consent covers those chemical tests. It does not cover the roadside field sobriety exercises, which are a separate thing. A defense lawyer can challenge how the breath test was administered, whether the instrument was properly maintained, and whether the arrest that triggered the test was lawful in the first place.
Negotiation of Charges
Negotiating before a court date takes a lawyer who knows what the local prosecutor will and will not do. In some cases a DUI is reduced to a lesser offense such as reckless driving, which changes what shows on your record and what happens to your license. Whether that is available depends entirely on the facts of your case.
Hiring an Attorney for Underage DUI Charges in Florida
If you are facing charges for an underage DUI in West Palm Beach or Fort Lauderdale, FL, contact our criminal defense attorney immediately. There are ways to fight your case in court, and you do not have to accept the first offer a prosecutor presents. Talk to an attorney before you decide anything.
You may be able to avoid serious, lasting ramifications of being convicted after getting a DUI under 21 years of age. There are many possible defense strategies that only a well-versed lawyer will know to present. It could help you avoid jail time, severe fines, the loss of your license, or having to spend time at an alcohol rehabilitation center.
Weinstein Legal Team is available 24-hours a day, 365-days a year, to provide you with a free case evaluation. You will have around-the-clock access to your attorney, and your legal team will keep you informed on new developments in your case every step of the way.
For a FREE case evaluation, contact Weinstein Legal Team at 954-845-0505 for help with your underage DUI charges. We handle cases involving underage DUI charges throughout Florida.
