What Happens If a Minor Gets a DUI in Florida? - Aaron Delgado & Associates

What Happens If a Minor Gets a DUI in Florida?

by Aaron Delgado
05/26/22 (Updated: 06/01/22)

Whenever you get behind the wheel of a car, it is important for you to put safety at the top of the priority list. If you are a minor operating a motor vehicle, it is even more important for you to stay safe. Unfortunately, accidents take place every day, and some of them involve alcohol. If a minor gets a DUI in the state of Florida, the issue can be very confusing, and it is critical for everyone to understand their rights.

If you believe a DUI is on the table, you need to reach out to an attorney as quickly as possible, particularly if this issue involves your child. Take a look at some of the most important points you need to know about a DUI for minors in Florida.

The legal drinking age in Florida, as in the rest of the country, is 21. This means that people who are under 21 years of age are not allowed to consume alcohol at all. When you get behind the wheel of a car, you are guilty of driving under the influence of alcohol if your blood alcohol concentration is 0.08 percent or higher.

However, if the person behind the wheel of the car is under 21 years of age, they are guilty of violating the law if they have any alcohol in their system at all. Because someone under 21 years of age is not allowed to consume alcohol, their BAC should be zero. What happens if someone under 21 years of age is being investigated for driving under the influence?

Florida has a zero-tolerance policy when it comes to underage drunk driving. There are strict violations that could be imposed if someone is guilty of driving under the influence even if they are under 21 years of age.

In general, the district attorney may decide to charge someone with a DUI if they are under 21 and have a BAC of 0.02 or higher. If they have a BAC or 0.01, they could still face charges, but the charges could be different. That is why it is important for people to reach out to an attorney as quickly as possible. That way, they can control the narrative, and they can make sure that their rights are properly protected.

What Are the Penalties for a DUI Under 21 Years of Age?

Florida has a reputation for using strict penalties in an effort to reduce the rate of drunk driving, particularly among people who are underage. That is why people who violate laws related to drunk driving could face such severe punishments. Some of the most important points to keep in mind include:

  • Under 21 and a BAC of 0.02 or Above: If you have committed this offense, you could have your driver's license suspended for six months. If you have another DUI on your record, your license could be suspended for up to a year. There are additional penalties that could be imposed at the discretion of the judge.
  • Under 21 and Refused a Breath Test or Blood Test: If you are 21 years of age and you refused a breath test or a blood test, your license could be suspended for a year. If this is the second time it has happened to you, then your license could be suspended for 18 months. There are other penalties you could face at the discretion of the judge.
  • Under 21 and a BAC of 0.08 or Above: If you are under 21 years of age and you are legally drunk at the time of the incident, the penalties are particularly severe. They could be the same as someone who is over 21 years of age and is convicted of drunk driving. This could include fines of up to $1,000, dozens of hours of community service, and jail time for up to six months. You could also have your license suspended for a year or more.

If you are under 18 years of age, there are additional penalties you might face. In addition to having your license suspended, you might have to be evaluated at an addiction facility. You will probably be asked to take alcohol education classes as well. Therefore, it is important for you to stay safe when you get behind the wheel of a car and avoid driving while under the influence of alcohol.

What Happens If You Drive With a Suspended License?

Having your license suspended can be a significant inconvenience. You might be wondering how you will get around town, and you could be worried about losing your job or falling behind in school.

At the same time, remember that driving is a privilege, not a right. Therefore, you could face significant penalties if you decide to drive with a suspended license. For example, the first time you decide to drive with a suspended license, you could be convicted of a second-degree misdemeanor. You could also be facing fines of up to $500. You might even be asked to serve 60 days in jail.

If you decide to drive with a suspended license again, you could face jail time of up to a year. Repeated offenses could be elevated to a felony conviction, multiple years in jail, and thousands of dollars in fines.

As a result, it is always better to avoid this situation altogether. The impact of an underage DUI conviction can be severe, and everyone needs to understand the dangers of operating a motor vehicle while impaired, particularly children. The legal drinking age in Florida is 21, and everyone, regardless of age, must make sure they use common sense and safe practices regarding alcohol and driving.

Contact Aaron Delgado and Associates for Help With a Minor DUI in Florida

Learning how to drive can be a significant learning curve, particularly for teenagers, and it is critical for everyone to make sure they never get behind the wheel of a car while impaired.

If you or your child is facing a DUI investigation, it is important for you to reach out to a Florida DUI attorney as quickly as possible. At Aaron Delgado and Associates, we have an unparalleled level of experience dealing with charges of DUI at all ages, and we would be happy to help you with your case as well. Reach out to us for a case consultation, and make sure that your rights are properly protected. It would be our honor to represent you.

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