Anyone who is arrested for DUI faces very serious potential penalties. However, the potential consequences are especially grave for drivers under the ages of 21. Florida like many other states has adopted special rules regarding drinking and driving that apply to minors based on the frequency of alcohol-related auto accidents involving underage drivers. Drinking and driving is a deadly combination, and when there is a fatal accident––there are no winners. It is estimated that 23 percent of the teen drivers age 15 to 20 who die in fatal car accidents have a blood alcohol level of .08 percent or higher. Compounding the problem, 30 percent of teenagers admit riding in the car with a minor who has been drinking during the last month.
In Florida, drivers under the age of 21who are arrested with a blood alcohol concentration (BAC) of .02 percent or higher, will be charged with a DUI. The .02 percent BAC threshold for Florida minors is essentially a “zero tolerance” law because even a single drink will typically result in a driver blowing a BAC that is higher than .02 percent. The officer will take your license and issue a temporary permit that will allow you to drive for ten days. It is important that you submit a written request for a hearing regarding the administrative suspension of your license or your license will be suspended for six months on a first offense and a year on subsequent offenses. If you are under 21 and your BAC is measured above .05 percent, you will be subject to more severe penalties including the requirement that you complete a substance abuse treatment course.
A driver who is under the age of 21 will also be subject to a drivers license suspension if you refuse to submit to a breath, blood or urine test following your DUI arrest. A driver who is under 21 may have his or her driver’s license suspended for one year on a first offense or eighteen months on subsequent offenses. A minor who is convicted of a Florida DUI faces very serious long-term consequences because it can affect your future educational opportunities, future employment and professional licensing opportunities.
An experienced Florida DUI defense attorney will use the administrative hearing to begin developing a litigation strategy designed to get your pending charges dismissed or reduced. It is important to have a DUI defense attorney appear at your administrative hearing because it is a chance to preview the evidence and possible legal, factual and procedural grounds to challenge your pending DUI charges. Some common issues that a Florida DUI defense attorney may challenge includes:
- Challenging the legal sufficiency for your stop
- Questioning the officer’s observations regarding your apparent intoxication
- Attacking the procedures, scoring and validity of field sobriety testing
- Exposing lab technician errors
- Challenging breathalyzer results
- Arguing that your BAC was below the legal limit but rose between your arrest and blood test.
These are just a small sampling of the defenses that an experienced Florida DUI defense attorney will explore in the case of a person who is under 21 and charged under Florida’s zero tolerance policy. A knowledgeable and experienced Florida DUI attorney will mount a vigorous defense because we know that when a young person faces a possible DUI conviction the consequences can haunt you for many years.
Call 1 (800) 687-2252 For a Free Consultation With An Experienced Florida Underage DUI Defense Lawyer In Your Area
Hiring a Florida underage DUI attorney to aggressively defend you or your loved one obtain the best possible result in your case. Call our toll-free, Florida DUI Helpline at 1 (800) 687-2252 or search our Florida DUI Lawyer directory for a law firm near you (by appointment only).
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