Understanding Your Rights, Legal Options, and the Critical Importance of Hiring an Experienced Florida DUI Attorney

If you or your child has been arrested for DUI and you're under 21, you're likely feeling overwhelmed, scared, and unsure of what this means for your future. As a Florida DUI defense attorney, I have helped many minors and their families fight these charges, avoid harsh penalties, and preserve their futures. Let's go over what happens when a minor is charged with DUI in Florida, what defenses may be available, and why having a private attorney is critical in these cases.

Florida's Zero Tolerance Law for Underage DUI

Florida law is particularly harsh on minors who are caught drinking and driving. Under Section 322.2616, Florida Statutes, drivers under the age of 21 face legal consequences if they have a blood alcohol concentration (BAC) of just 0.02% or higher.

Florida Statute §322.2616(1)(a) reads:

"A person under the age of 21 who has a blood-alcohol or breath-alcohol level of 0.02 or higher and who operates or is in actual physical control of a motor vehicle is subject to administrative suspension."

This means that even a single drink could put a minor over the legal limit, triggering an automatic administrative license suspension. If the BAC is 0.08% or above, the minor will also face standard DUI criminal charges under Florida Statute §316.193.

What Are the Penalties for Underage DUI in Florida?

The penalties depend on the driver's BAC level and whether it is an administrative infraction under the zero-tolerance rule or a full-blown criminal DUI.

For BAC between 0.02% and 0.08%, the consequences are administrative:

  • Suspension of driving privileges for six months on a first offense.
  • Twelve-month suspension for a second or subsequent offense.

For BAC at or above 0.08% or refusal to submit to testing, criminal penalties under Section 316.193 kick in:

  • Up to six months in jail.
  • Fines ranging from $500 to $1,000.
  • Mandatory DUI school.
  • Community service requirements.
  • Probation.
  • Vehicle impoundment.
  • Installation of an ignition interlock device (in some cases).

Real-World Case Example: A High School Senior in Trouble

A few years ago, I represented a 17-year-old high school senior who was stopped at a DUI checkpoint on his way home from a graduation party. He blew a 0.04 on a breath test. His parents were devastated, fearing it would ruin his chance at college scholarships.

After reviewing the checkpoint procedures, I found several issues with the stop itself. The officers had failed to follow the guidelines for lawful DUI checkpoints set by the Florida Supreme Court. I filed a motion to suppress the breath test results and successfully had the evidence thrown out. The case was dismissed.

That family went from believing their son's future was destroyed to watching him graduate on time and accept a full scholarship.

Why a Private DUI Attorney Matters for Minors

A public defender may not have the time or resources to investigate every detail of a case. As a private DUI attorney, I dig into the arresting officer's training records, the calibration of the breathalyzer machine, and whether field sobriety tests were administered according to proper protocol.

Minors have the most to lose from a DUI conviction. College admissions, scholarships, military enlistment, and future job opportunities all hang in the balance. Fighting a charge with everything you have can change the course of a young person's life.

Defenses to Underage DUI in Florida

Every case is different, but here are some defenses I've used in past underage DUI cases:

1. Lack of Probable Cause: If the officer didn't have a valid reason to stop the vehicle, the entire case could be dismissed.

2. Improper Field Sobriety Tests: Field tests must be conducted by the book. Many officers skip steps or misinterpret results.

3. Inaccurate Breath Test: Breathalyzers can be unreliable. I've had cases dismissed because the machine was out of calibration or the operator lacked certification.

4. Medical Conditions: Acid reflux, diabetes, and other conditions can skew BAC readings.

5. Unlawful DUI Checkpoints: If the stop happened at a checkpoint, I review whether the checkpoint complied with legal standards. If not, the stop could be thrown out.

6. Rising BAC Defense: Alcohol takes time to absorb. A breath test given later may not accurately reflect the BAC at the time of driving.

Florida Statute §316.193: Criminal DUI for Minors

Minors can face the same DUI charge as adults under Florida Statute §316.193, which states:

"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 substance controlled under chapter 893... to the extent that the person's normal faculties are impaired;"

This statute makes it clear that a DUI doesn't require a specific BAC. If an officer believes your normal faculties are impaired, you can be arrested for DUI.

The 10-Day Rule: Immediate Action is Crucial

If you're a minor arrested for DUI, you only have 10 days from the date of your arrest to request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV) to challenge the suspension of your license. If you miss this window, you lose the chance to fight the administrative suspension and may have to serve the full suspension term.

Can a DUI Conviction Be Sealed or Expunged?

Under Florida law, a DUI conviction cannot be sealed or expunged. That's why it is so important to fight the charges from the start. However, if the case is dismissed or reduced to a lesser charge like reckless driving, sealing or expungement may become an option.

The Role of Parents in a Minor DUI Case

As a parent, you have the right to be involved in every stage of the process. I always encourage families to attend court dates, review case progress, and help the minor comply with any court requirements. Your support can be a major factor in how the judge views your child's attitude and likelihood to re-offend.

When you hire me, I treat the entire family as my client. I answer every question and make sure you understand the strategy, the stakes, and the steps involved in defending your child.

Long-Term Consequences for Underage DUI

Beyond the courtroom, a DUI conviction can follow a young person for years:

  • It may result in higher car insurance premiums.
  • It can affect college admissions and financial aid.
  • It can be used against them in future job interviews.
  • It could interfere with professional licenses.

That's why fighting the charge is not just about avoiding jail time. It's about protecting a young person's future.

What If the Driver Refuses a Breath Test?

Refusal to submit to a chemical test results in a 12-month administrative suspension for a first offense and 18 months for a second or subsequent refusal under Florida Statute §315.111. Refusal also prevents the driver from obtaining a hardship license for 90 days.

In many cases, refusal can be used against the driver in court as a "consciousness of guilt." That said, I've successfully challenged refusals where the driver was not properly advised of the consequences.

Final Thoughts: You Only Get One Shot to Do This Right

If you or your child is facing an underage DUI in Florida, this is not something you want to handle without a private attorney. The consequences are serious and long-lasting. The earlier you involve a skilled DUI defense lawyer, the better the chances of protecting your future.

I've handled hundreds of DUI cases involving minors. I know how to find the weaknesses in the prosecution's case and use them to your advantage. Every decision we make together will be focused on one goal: preserving your record, your reputation, and your future.

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 30 office locations in Florida and serve all counties in Florida.

FAQs: Florida DUI Defense for Minors

What Happens If I'm Under 21 and Caught Driving With a BAC Over 0.02% in Florida?

You'll face an administrative license suspension under Florida's Zero Tolerance law. If your BAC is between 0.02% and 0.08%, you won't face criminal charges, but your license can be suspended for six months. This can still affect insurance rates, your record, and your ability to drive to school or work. A Florida DUI Attorney can request a formal review hearing and challenge the suspension.

Can I Go to Jail for Underage DUI in Florida?

Yes, if your BAC is 0.08% or higher, you may be charged under Florida Statute §316.193 and face up to six months in jail, along with fines, probation, and other penalties. The penalties are even more severe if you have prior offenses or were involved in an accident. Having a skilled DUI attorney can often help reduce or entirely avoid jail time.

What Is the Difference Between a DUI and an Administrative Suspension for Minors?

An administrative suspension is handled by the DHSMV and occurs automatically for BACs of 0.02% or higher. A DUI charge is a criminal matter that goes through the court system and carries harsher penalties. Both can result in a suspended license, but only a DUI conviction results in a permanent criminal record.

Can a DUI Case for a Minor Be Reduced to Reckless Driving?

Yes, in some cases, a prosecutor may agree to reduce a DUI charge to reckless driving, especially if there are problems with the evidence. This is a much better outcome, as it can sometimes be sealed or expunged later. I've secured this outcome for many clients, giving them a second chance to move forward.

How Can a Florida DUI Attorney Help With My Child's Case?

A DUI attorney investigates the legality of the stop, the validity of the breath test, the officer's conduct, and more. I work to suppress bad evidence, negotiate for lesser charges, and avoid license suspension. Most importantly, I work to keep a DUI conviction off your child's record so their future remains intact.

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 30 office locations in Florida and serve all counties in Florida.