Arrested Under 21 for DUI in Florida? Here's What You’re Really Facing
Getting pulled over for DUI in Florida is stressful at any age, but when someone is under 21, the legal consequences hit harder and faster. Florida's zero-tolerance policy means drivers under the legal drinking age face different rules and often more rigid consequences than adults over 21. I’ve handled many of these cases across the state, and I understand how overwhelming this can be for families, especially when a first-time mistake could haunt someone well into adulthood.
If a person under 21 is arrested for DUI in Florida, it's not just about fines or court dates. It can impact insurance premiums, scholarships, college admission, job prospects, and future driving privileges. The law treats these cases seriously, and prosecutors are often reluctant to offer leniency without a strong legal defense. That’s where I step in. As a Florida DUI Defense Attorney, my job is to fight to protect my client’s future—every step of the way.
Florida’s Zero Tolerance Law: What the Statute Says
Florida Statute §322.2616 outlines the rules for drivers under 21. Under this statute:
“A person under the age of 21 who has a blood-alcohol or breath-alcohol level of 0.02 or higher and operates or is in actual physical control of a motor vehicle is subject to administrative license suspension.”
This is very different from the legal limit for drivers 21 and older, which is 0.08. For younger drivers, one beer, a glass of wine, or even mouthwash containing alcohol can trigger a violation under Florida’s zero-tolerance policy.
The penalties for testing at or above 0.02 but below 0.08 are administrative. The Florida Department of Highway Safety and Motor Vehicles (DHSMV) can suspend the driver’s license for six months on a first offense, or one year for a second offense. Refusing to take a breath or blood test results in an automatic one-year suspension—even without a DUI charge being filed in court.
Now, if the person’s blood alcohol content is 0.08 or higher, or if drugs are suspected, criminal charges under Florida Statute §316.193 will likely follow. This means the case becomes more serious and punishable by jail time, higher fines, and a permanent criminal record.
Florida Statute §316.193 – DUI Defined
Here’s how §316.193 defines DUI in Florida:
“A person is guilty of the offense of driving under the influence… if the person is driving or in actual physical control of a vehicle within this state and:
(a) The person is under the influence of alcoholic beverages, any chemical substance… or any controlled substance… when affected to the extent that the person’s normal faculties are impaired;
(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or
(c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.”
If someone under 21 meets any of these standards, they can be charged with a criminal DUI—even if they’re just barely over the limit.
What Makes Underage DUI Different From Adult DUI
The primary difference is the 0.02 standard, which applies only to drivers under 21. But that’s not where the differences stop. Underage DUI cases often come with secondary consequences, like:
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Loss of academic scholarships
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Disciplinary action at school or university
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Increased car insurance rates (or loss of coverage altogether)
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Difficulties in obtaining employment
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Barriers to joining the military
What many don’t realize is that a criminal DUI charge—even if the BAC is under 0.08—can still be pursued if the officer claims the driver was impaired by alcohol, marijuana, or another drug. Prosecutors don’t need a breath test result to bring charges. Field sobriety exercises, slurred speech, or erratic driving are often used to try to prove impairment. That’s where defense becomes critical.
Common Defenses to Under-21 DUI Charges
Not every DUI arrest leads to a conviction. There are several legal defenses I can use, depending on the facts of the case:
Unlawful Traffic Stop
If the officer lacked reasonable suspicion to initiate the traffic stop, the evidence gathered afterward can be thrown out. This includes breath test results and anything said during the stop.
Improper Breath Testing Procedures
Florida law requires breath testing machines to be properly maintained and operators to be certified. If any protocol is violated, the breath test result may be invalid.
Lack of Actual Physical Control
If the person was not actually driving or was safely parked with the engine off, the prosecution may have a weak case.
Inaccurate Field Sobriety Exercises
These exercises are subjective and often unreliable. I’ve seen cases where physical disabilities, fatigue, or nervousness were misinterpreted as signs of impairment.
Insufficient Proof of Impairment
Even if alcohol is present, the state must prove beyond a reasonable doubt that it affected the person’s normal faculties. That’s a high burden in many cases.
Violation of Miranda Rights or Coerced Statements
Statements made during the arrest process may be excluded if the officer failed to follow proper legal procedure.
Why a Private Attorney Makes the Difference
Public defenders work hard, but their time and resources are limited. When someone is facing a DUI while under 21, the stakes are simply too high to rely on a defense that isn’t fully tailored to their situation. I handle fewer cases so I can give each one the attention it deserves. That includes reviewing every second of dashcam or bodycam footage, analyzing test results, interviewing witnesses, and preparing for trial if necessary.
I also represent clients in both the criminal court process and the DHSMV administrative hearing to fight for their license. That hearing must be requested within 10 days of the arrest, and most people don’t even realize that deadline exists until it’s too late. As a private Florida DUI Defense Attorney, I ensure no critical steps are missed.
A Real Case: College Student Cleared of DUI and License Suspension Avoided
A recent case involved a 19-year-old college student who was stopped near Gainesville for speeding late at night. The officer claimed he smelled alcohol and conducted field sobriety exercises. My client admitted to having “a few sips” of beer but refused the breath test. He was arrested, and his license was suspended for refusal. He was also charged with DUI.
We immediately requested a formal review hearing to challenge the license suspension. At the hearing, we pointed out inconsistencies in the arrest report and raised questions about the timing of the refusal warning. The suspension was invalidated, and the license was reinstated.
In court, we challenged the probable cause for arrest and prepared for trial. The prosecution eventually agreed to drop the DUI charge in exchange for a reckless driving plea with no conviction, no license suspension, and no probation. The student stayed in school and kept his financial aid.
What Happens After Arrest? Step-by-Step
If someone under 21 is arrested for DUI in Florida, here’s what usually happens:
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Booking at Jail – Fingerprints, photos, and a record are created. Depending on the county, they may be held or released to a parent or guardian.
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Notice of License Suspension – If the BAC was .02 or above, or there was a refusal, the license is automatically suspended. A 10-day window exists to request a formal hearing.
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Court Process Begins – An arraignment is scheduled where charges are formally read. A private attorney can file paperwork ahead of time to waive this appearance.
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Pretrial Hearings and Evidence Review – This includes filing motions to suppress, seeking dismissal, or negotiating with the prosecutor.
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Trial or Resolution – Many cases are resolved with reduced charges or diversion. Some go to trial. The goal is always to protect the person’s record and future.
Florida Underage DUI FAQs
What is the legal BAC limit for drivers under 21 in Florida?
Florida uses a zero-tolerance policy for drivers under 21. If a driver under 21 has a blood or breath alcohol level of 0.02 or above, their license can be suspended—even if they’re not criminally charged with DUI. That’s roughly the equivalent of one drink or less.
Will I go to jail if I’m under 21 and arrested for DUI?
Jail is possible, but not automatic. First-time offenders with a BAC under 0.08 usually face administrative penalties, not criminal DUI charges. However, if the BAC is 0.08 or more, or if drugs are involved, then criminal charges can apply. A good defense can often keep jail off the table.
Can I fight the license suspension if I refused the breath test?
Yes, but only if the request for a formal review hearing is made within 10 days of the arrest. If that deadline is missed, the license stays suspended. I handle both the criminal side and the DHSMV hearing to give clients the best chance to keep their license.
What if I wasn’t actually drunk but still got arrested?
Police can arrest someone based on field sobriety tests and their subjective opinion. That doesn’t mean the prosecution can prove the case. As a defense attorney, I examine every part of the stop, the arrest, and the officer’s statements to challenge those assumptions.
Will a DUI while under 21 stay on my record forever?
A criminal DUI conviction stays on a person’s record for life. That’s why it’s so important to fight the charge or negotiate for a reduced outcome like reckless driving or a diversion program. If the case is dismissed, it may be possible to seal or expunge the record depending on the outcome.
What happens if I was also charged with possession of alcohol by a minor?
This is a separate charge but often accompanies an under-21 DUI. Florida law prohibits anyone under 21 from possessing alcohol. This can add penalties or affect plea negotiations. Having an attorney handle both charges helps build a strategy that minimizes long-term consequences.
Call Our Florida DUI Defense Attorney 24/7 For a Free Consultation
If you or a loved one was arrested for DUI in Florida and is under 21, there’s no time to waste. These cases move quickly, and the consequences can be serious. The good news is that a well-prepared defense can often lead to reduced penalties, license reinstatement, or even dismissal.
Contact Musca Law 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 35 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, the Florida Panhandle, and every county in Florida.
Let’s protect the future.