Florida Law Advisers, P.A.

Underage DUI – Florida DUI Law

Florida DUI law has a “no tolerance” policy for individuals under the age of 21 who drive while under the influence of alcohol. The legal blood alcohol content limit for drivers under 21 is only 0.02%. This limit is substantially more stringent than it is for drivers over the age of 21. The legal blood alcohol content limit for drivers over 21 is 0.08%, which is 4 times the limit for drivers under 21. If you or your child is under 21 and has been arrested for DUI, you should contact a Tampa DUI lawyer right away. The penalties for a driver under 21 operating a vehicle with a blood alcohol content of 0.02% or higher can include license suspension, probation, fines, court costs, community service, incarceration, and increased insurance premiums.

DUI Lawyers With Experience Representing Underage Drivers Accused of DUI

At Florida Law Advisers, P.A., our Tampa DUI Attorneys are experienced and skilled in all aspects of a DUI case. We know how important the outcome of a DUI case is and work diligently to protect our clients. We aggressively defend our clients in all DUI matters and work tirelessly to achieve the outcome our clients need. Regardless of the circumstances of your case, we may be able to help. Contact us today by telephone, website form, email, or chat to schedule a free consultation to find out more about how we defend drivers under 21 accused of DUI.

Underage DUI With a Blood Alcohol Content of 0.08% or Higher

If the driver’s blood alcohol content was 0.08% or higher the driver will face criminal DUI charges. The procedure and penalties will be the same as it is for drivers over the age of 21 who are arrested for DUI. However, drivers under 21 may face additional penalties that are not applicable to drivers over 21. For instance, a DUI conviction can drastically hinder the driver’s ability to get into college or find a job.

Underage DUI With a Blood Alcohol Content between 0.02 & 0.08%

If the driver’s blood alcohol content was between 0.02% and 0.08%, the driver will not face criminal DUI charges. However, the Florida Department of Highway Safety & Motor Vehicles (DHSMV) will automatically suspend the driver’s license. If it is the driver’s first DUI offense, the license suspension will remain in effect for 6 months. If the driver has prior DUI offenses, the license will be suspended for 1 year.

The driver must petition the DHSMV for a hearing within 10 days. If the hearing is not requested within 10 days, the opportunity to contest the suspension will be forfeited. Therefore, it is important that you contact a Tampa DUI attorney immediately after being detained for DUI. At the DHSMV hearing, the hearing officer will review the police record, alcohol chemical tests, and other relevant evidence to determine whether or not the license suspension should be upheld. It is important to have an attorney with you at the hearing to challenge the evidence against you and to put forward any evidence that may be in your favor.

An experienced Tampa DUI attorney will be able to identify grounds for getting evidence against you thrown out of the hearing. For instance, evidence may be excluded from the hearing if the initial stop was unconstitutional, or if the chemical blood alcohol tests were not administered properly. Furthermore, an attorney can present evidence in your favor and cross examine witnesses to persuade the hearing officer against upholding the suspension.

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