If you or someone you know has been charged with underage DUI in Florida, you will need the best DUI attorney near you to help you with your case. The dedicated underage DUI defense lawyers at Weinstein Legal Team have the experience and knowledge you will need to get the best possible outcome for an underage DUI charge in the state of Florida.
Law enforcement agencies across Florida take underage drinking and driving seriously. Some counties have DUI-specific task forces that have special DUI checkpoints, Breath Alcohol Testing Technicians, and Breath Alcohol Testing video recording technology.
Underage DUI in Florida: Two Different Consequences
Whether you are a resident of Florida or not, if you are driving in the state, you need to know Florida's laws regarding driving and underage drinking. An underage DUI stop can lead to two very different outcomes, and which one applies depends on the driver's blood alcohol level.
The 0.02% Administrative Suspension (Not a Crime)
The legal drinking age in Florida is 21. Under the state's zero-tolerance law, Fla. Stat. § 322.2616, a driver under 21 who is stopped with a blood or breath alcohol level of 0.02% or higher has their license suspended on the spot: a six-month license suspension for a first occurrence and one year for a later one. Refusing the test brings a 12-month suspension, or 18 months for a second refusal.
This is an administrative action by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), not a criminal charge, and no arrest or conviction is required. The officer takes the license and issues a 10-day temporary permit if the driver is otherwise eligible to drive, and the driver has 10 days from the notice of suspension to request a formal or informal FLHSMV review (Florida Statute 322.2616(2)(b)).
At that review a hearing officer decides, by a preponderance of the evidence, whether the officer had probable cause, whether the driver was under 21, and whether the test result was 0.02 or higher. Miss the 10-day window and the suspension stands unchallenged. This is what most underage DUI stops produce.
Criminal DUI (the Same Statute as Adults)
A driver under 21 with a blood alcohol level of 0.08% or higher, or who is impaired by alcohol or drugs, faces the same criminal DUI charge as an adult under Fla. Stat. § 316.193. Penalties for a first conviction include:
- A fine of $500 to $1,000, rising to $1,000 to $2,000 with a blood alcohol level of 0.15% or higher or a minor in the vehicle
- Up to six months in jail, or up to nine months with a blood alcohol level of 0.15% or higher or a minor in the vehicle
- 50 hours of community service
- Probation for not more than one year
- License revocation for a minimum of 180 days
- 12 hours of DUI school
If a second, third, or fourth DUI charge is incurred, the penalties increase dramatically.
The FLHSMV also notes that penalties for a first DUI conviction in Florida increase dramatically if the blood alcohol level is 0.15 or higher, or if a minor is in the vehicle. In these cases, an Ignition Interlock Device may be installed for at least six continuous months.
An Ignition Interlock Device (IID) is required by law in many different states after a DUI conviction. An Ignition Interlock system is an in-car breathalyzer device that is installed to prohibit an individual under the influence of alcohol from operating the vehicle.
How does an IID work?
- The driver breathes into the device to start the motor vehicle.
- Five minutes later, the device beeps again and the driver must breathe into the IID.
- About every 30 minutes, the IID beeps and the driver must breathe into it.
- Each time the driver breathes into the IID the data is recorded and transmitted to the FLHSMV, and these reports are available online.
How long can someone convicted of an underage DUI expect to have an IID installed in their vehicle? It depends on the number of convictions. Here's how that looks:
- For a first DUI conviction, an IID is installed only if court-ordered. If the blood alcohol level is 0.15 or higher, or if there is a minor in the car, the IID must be used for at least six months.
- For a second DUI conviction, an IID is required for at least one year. If that second conviction involved a blood alcohol level of 0.15 or higher or a minor in the car, the IID period is at least two continuous years, and a third conviction requires the device for at least two years regardless of the level.
- For a third DUI conviction, the IID must be installed and utilized for at least two years.
Florida Statutes Section 322.2616: What You Need to Know
What is Florida Statutes Section 322.2616? And how will it affect you if you're facing a charge of underage DUI in the state of Florida?
Here are some key parts of this law you need to know:
- A law enforcement officer who has probable cause to believe that a vehicle is under the control of a person who is under the age of 21 while under the influence of alcohol may lawfully detain that person, and request that person submit to a test to determine their blood-alcohol or breath-alcohol level.
- Your driving privileges can be suspended if a) your blood-alcohol or breath-alcohol level is 0.02 or higher or b) if you refuse to submit to a blood-alcohol test. The state of Florida has an implied consent law; this means that when you got your driver's license, you agreed to take these tests when asked to do so by a member of law enforcement.
- If you are under the age of 18 and found to have a blood-alcohol level of 0.02 or higher, a police officer can take you immediately to the addictions receiving facility in the county where you were stopped.
There are many more provisions in Florida Statutes Section 322.2616 that can impact you depending on the details of your charges and what happened after you were stopped. That's why you should hire an experienced attorney who knows the law thoroughly and has the best defense strategies for an underage DUI charge in the state of Florida.
Will This Follow My Child Forever?
A zero-tolerance administrative suspension is a licensing action, not a criminal conviction. It goes on your FLHSMV driving record, but it does not create a criminal record. A criminal DUI conviction is different. Florida law does not allow a DUI conviction to be sealed or expunged, at any age.
That asymmetry drives the whole strategy: keep the case on the administrative side where possible, or resolve it through diversion or a reduced charge that preserves expungement eligibility. College applications, scholarships, and first jobs are all on the line, and outcomes negotiated early are consistently better.
Hiring A Defense Attorney For Your Underage DUI Charge In Florida
It's overwhelming to think of all the things you need to do when you are charged with an underage DUI, but hiring an experienced attorney who will aggressively defend you is the first thing to do. Just because an attorney is experienced in criminal defense, it doesn't mean they are experienced in defending DUI cases, much less underage DUI cases.
Matt Shafran of Weinstein Legal Team has years of experience defending clients against underage DUI charges and provides the best possible defense throughout Central and South Florida, including Palm Beach, Broward, Orange, and Collier counties. Our team of defense attorneys is well-versed in the complexity of underage DUI defense, and we always present a convincing case or make the best plea deal possible for your unique circumstances.
When considering your best choice for a defense lawyer to represent you in an underage DUI charge, know that Weinstein Legal Team leaves no stone unturned in exploring all the factors involved in your case.
We investigate such factors as:
- Was there sufficient probable cause to stop you in the first place?
- Was the field sobriety test administered to you properly?
- Was the equipment that measured your blood alcohol level properly calibrated and maintained?
- Was your driving at the time affected by prescription drugs or any health problems?
Taking these factors and many other details into consideration, we will not stop till we have achieved the best possible outcome for you. Contact Weinstein Legal Team today to learn more about how our dedicated defense lawyers can help you against your underage DUI charge.
