Protecting Your Future When the Stakes Couldn’t Be Higher
Facing a DUI is frightening at any age, but when you are under 21 and an accident with injuries is involved, the consequences under Florida law can be life-changing. As a Florida Underage DUI with Accident with Injuries Lawyer, I have seen firsthand how a single mistake can place a young person’s freedom, future, and reputation in jeopardy. I want to explain exactly what the law says, what penalties apply, how I fight these cases in court, and why hiring a private defense attorney immediately is the most important decision you can make.
Florida Law on Underage DUI
Florida has what is known as a “zero tolerance” policy for drivers under 21. Under Florida Statutes § 322.2616(1)(a):
“It is unlawful for a person under the age of 21 who has a blood-alcohol or breath-alcohol level of 0.02 or higher to operate or be in actual physical control of a motor vehicle.”
That limit is far lower than the 0.08 standard applied to adults. A single drink could place a young driver over the threshold. But when an accident with injuries occurs, prosecutors typically rely on Florida Statutes § 316.193(3)(c)(2), which provides:
“Any person who, while driving or in actual physical control of a vehicle, is under the influence and causes or contributes to causing serious bodily injury to another, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.”
This is not a traffic ticket—it is a felony offense that can follow you for life. The combination of underage status and an injury-related accident means the case will be aggressively prosecuted. That is where my role as your defense lawyer becomes critical.
Penalties for Underage DUI with Accident Injuries
The penalties can be severe. A third-degree felony in Florida carries up to 5 years in prison and a $5,000 fine. On top of that, underage DUI laws allow for administrative license suspension by the Florida Department of Highway Safety and Motor Vehicles, even without a conviction. For drivers under 21, the suspension period begins at 6 months for a first offense and can increase with refusal to submit to testing.
Collateral consequences also include:
- A permanent criminal record, making it harder to get jobs or attend certain schools
- Mandatory probation conditions such as community service and victim awareness classes
- Possible civil lawsuits from the injured parties
- Insurance rate hikes or complete policy cancellations
As your attorney, my job is to prevent these outcomes whenever possible by challenging the evidence and fighting for a dismissal, reduction of charges, or alternative sentencing.
How I Defend These Cases
Every DUI with accident injuries case is unique, but common defense strategies include:
Challenging the Stop and Arrest
Police must have probable cause for the stop and must conduct the investigation lawfully. If an officer lacked reasonable suspicion or failed to follow procedures, the stop and any evidence gathered may be thrown out.
Contesting Chemical Tests
Breath and blood tests are not infallible. Machines must be properly maintained, calibrated, and administered according to strict guidelines. I review all maintenance logs, chain of custody records, and officer certifications.
Questioning Causation of Injuries
The statute requires that the driver “causes or contributes to causing” injuries. If another driver’s negligence primarily caused the accident, or if the injuries were not directly tied to my client’s actions, I make that clear to the jury.
Exploring Alternative Explanations
Young drivers are often nervous during police interactions. Slurred speech, red eyes, or clumsiness could be caused by fatigue, stress, or even allergies rather than intoxication. I bring in witnesses and experts to provide these explanations.
Why You Need a Private Attorney
Public defenders work hard, but they handle hundreds of cases at once. A private attorney has the time and resources to investigate thoroughly, file motions to suppress, consult experts, and appear personally at every hearing. In underage DUI injury cases, you need someone who can dedicate focused attention to protecting your future.
I also work closely with families, because underage DUI cases affect parents and guardians as much as the young person. Together, we create a defense strategy that addresses both the criminal case and the long-term consequences.
Real Case Example
I represented a 19-year-old college student charged with underage DUI after a late-night accident left another driver with a broken arm. Police alleged my client had alcohol on his breath and failed field sobriety tests. A breath test reported a BAC of 0.04.
I immediately filed motions challenging the legality of the stop, since the officer claimed he stopped my client for “weaving” but dashcam footage showed a single lane drift without traffic danger. I also subpoenaed calibration records for the breath machine, which revealed missed inspections. The judge suppressed the breath test results.
With the main evidence excluded, I negotiated with prosecutors for a reduction of the felony DUI with injury charge to a reckless driving misdemeanor with probation. My client completed probation successfully and avoided a felony conviction that would have followed him for life.
Additional Relevant Statutes
- § 316.1932 – Implied consent, requiring drivers to submit to lawful breath, blood, or urine tests
- § 322.2616(3)(a) – License suspension for drivers under 21 with BAC of 0.02 or greater
- § 775.082, § 775.083, § 775.084 – General penalties for felonies and enhancements for repeat offenders
Understanding how these statutes interact is critical in building a defense strategy. Prosecutors often stack charges, and without a skilled lawyer, a young driver may face penalties far beyond what the facts warrant.
Florida Underage DUI with Accident with Injuries Lawyer FAQs
What makes underage DUI with accident injuries more serious than regular DUI?
The difference is the involvement of injuries. A standard underage DUI may lead to license suspension and fines, but when someone is injured, prosecutors elevate the charge to a felony under § 316.193(3)(c)(2). This means possible prison time, lifelong record consequences, and civil liability.
Can I be convicted even if my BAC was below 0.08?
Yes. Underage drivers are held to a much lower threshold of 0.02. Even if your BAC was below 0.08, you can still be charged under § 322.2616 and, if an accident caused injury, under the felony DUI statute. That is why challenging the accuracy of testing and the link between alleged impairment and the accident is so important.
What if I refused the breath test?
Refusing a breath test can result in immediate license suspension. For underage drivers, this is typically one year for a first refusal. However, refusal also limits the state’s evidence in court. I evaluate whether the refusal helps or hurts your case and use it strategically in negotiations or trial.
Will this affect college or job opportunities?
Unfortunately, yes. Colleges may impose disciplinary actions for DUI arrests, and a felony conviction can disqualify you from many career paths. Part of my defense strategy is to minimize long-term consequences by fighting for dismissal or reduced charges whenever possible.
How long does a case like this take?
Timelines vary depending on whether the case goes to trial, but DUI with injury cases can last from several months to over a year. During that time, I stay in close contact with clients and families, ensuring they understand every step and can make informed decisions.
Can the victim sue me even if I win the criminal case?
Yes. Criminal and civil cases are separate. A victim can file a personal injury lawsuit regardless of the criminal outcome. However, winning or reducing charges in the criminal case often strengthens your position in civil negotiations.
Do judges ever allow first-time offenders to avoid jail?
Yes. With strong advocacy, it is possible to secure probation, treatment programs, or alternative sentencing rather than incarceration. Judges often weigh a defendant’s age, lack of prior record, and commitment to rehabilitation. I have successfully argued for alternatives in many underage DUI cases.
Why hire Musca Law rather than handle it alone?
Because the stakes are too high to take chances. Prosecutors are not lenient in underage DUI injury cases, and self-representation almost guarantees harsh penalties. At Musca Law, we have defended thousands of DUI and felony cases across Florida. I provide the focused defense and personal attention needed to protect both your immediate case and your future.
Call Our Florida Underage DUI with Accident with Injuries Lawyer 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have over 30 office locations throughout the state of Florida and serve all counties in Florida, including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.