Why Florida DUI Defense Attorneys Take These Charges Seriously and How We Can Protect Your Future

As a Florida DUI Defense Attorney, I know firsthand how one mistake can change the course of a young person’s life. If you, your child, or someone you care about is facing an underage DUI charge in Florida, it’s important to understand what the law says, what penalties you could be facing, and what defenses may be available. These cases carry unique risks, including academic consequences, driver’s license suspensions, insurance rate increases, and permanent criminal records.

Florida's zero-tolerance policy for drivers under 21 accused of DUI can seem harsh, especially when compared to the standard legal limit for adult drivers. But if you act quickly, you may be able to limit the damage or even fight the charge successfully.

Let me explain what you’re really up against and how I can help.

Florida’s Zero-Tolerance Law for Underage DUI – What the Statute Says

Florida Statute § 322.2616 governs DUI-related administrative suspensions for drivers under 21. The law sets a much lower blood alcohol content (BAC) threshold for underage drivers than for adults. The statute states:

“A person under the age of 21 who has a blood-alcohol or breath-alcohol level of 0.02 or higher, and who is operating or in actual physical control of a motor vehicle, shall have their driver license suspended for a period of 6 months for the first offense, or 1 year for a second or subsequent offense.”

This is significantly lower than the adult DUI threshold of 0.08 found in Florida Statute § 316.193.

You don’t have to be legally drunk to be charged under Florida’s under-21 DUI law. Just a couple of sips of alcohol may be enough to trigger this administrative license suspension.

But that’s only the beginning.

If the arresting officer believes you were impaired—not just over the 0.02 limit—you may also be charged criminally under Florida Statute § 316.193, which defines DUI as:

“Driving or in actual physical control of a vehicle within this state and the person is under the influence of alcoholic beverages…to the extent that the person’s normal faculties are impaired, or the person has a blood-alcohol level of 0.08 or more…”

So in Florida, a driver under 21 can be hit with both an administrative license suspension and criminal DUI charges—especially if they refuse a breath test or if impairment is observed.

Why Florida Treats Underage DUI So Seriously

Underage drinking and driving is seen by the courts as a public safety risk. Judges often believe that harsh consequences will act as a deterrent, so they may be less lenient in sentencing even if the BAC was relatively low.

But I’ve seen too many cases where an otherwise good kid, with no prior record, gets caught up in the system and ends up with a criminal conviction that affects their college applications, scholarships, or job opportunities. That’s why it’s critical to work with a private Florida DUI Defense Attorney who knows how to approach these cases the right way.

Penalties for Underage DUI in Florida

Even a first offense can carry serious penalties, including:

  • Six-month administrative license suspension for BAC over 0.02

  • One-year suspension for a second offense

  • Criminal penalties under § 316.193 for impairment or BAC over 0.08, including:

    • Up to 6 months in jail

    • Up to $1,000 in fines

    • Probation and mandatory community service

    • Vehicle impoundment

    • DUI school

    • Ignition interlock requirement in some cases

And the consequences go beyond the courtroom. Many of my clients have faced:

  • Expulsion or discipline from college

  • Loss of scholarships

  • Rejection from future job applications

  • Immigration consequences for non-citizens

  • Skyrocketing car insurance rates

These are not just temporary setbacks. They can alter the course of your entire future.

What Defenses Can Be Used in an Under-21 DUI Case?

Each case must be analyzed for potential defenses. As a Florida DUI Defense Attorney, I review every detail of the arrest to determine what defenses might be raised. Here are several that have been successful in past cases:

1. Improper Stop

If the officer lacked reasonable suspicion to pull you over in the first place, everything that happened after that may be suppressed.

2. Faulty Breath Test Procedures

A breathalyzer result is not always accurate. Improper calibration, incorrect administration, or failing to observe the 20-minute waiting period can all invalidate the result.

3. No Actual Impairment

The state must prove that you were in control of the vehicle and that your faculties were impaired. If you were not driving or impairment is questionable, your defense strengthens.

4. Medical Conditions or External Factors

Certain health issues or diet-related conditions can result in false positives on breath tests.

5. Involuntary Statements

If your rights were violated during the stop or questioning, any statements you made may be excluded.

6. Lack of Probable Cause for Arrest

An officer may not arrest you unless there is probable cause to believe that you were DUI. Without sufficient evidence, we can challenge the arrest itself.

Real Case Example: Breath Test Refusal Tossed, Charges Dropped

I represented a 19-year-old student at the University of Central Florida who was pulled over late at night for a broken taillight. The officer claimed he smelled alcohol and asked my client to perform field sobriety exercises. Nervous and unfamiliar with his rights, my client refused the breath test.

He was arrested and given both an administrative suspension and criminal charges under § 316.193. The state’s evidence consisted of officer observations and the refusal.

Upon review, we found that the dashcam video contradicted the officer’s claims. There were no signs of erratic driving, and the field sobriety exercises were poorly explained and inconsistently scored.

We filed a motion to suppress based on lack of probable cause and improper instruction. The judge agreed. The criminal charges were dropped and we were able to appeal and reverse the license suspension as well.

This is why a private Florida DUI Defense Attorney makes all the difference.

Why You Need a Private Attorney for an Under-21 DUI

Public defenders are often overwhelmed and under-resourced. With a private defense lawyer, you get time, strategy, and focused representation. I don’t just show up to court. I investigate, file motions, negotiate, and build a complete picture that can lead to:

  • Case dismissal

  • Reduced charges (e.g., careless driving or reckless driving)

  • No criminal conviction

  • Avoidance of jail time

  • Retention of your license

  • Sealing or expungement of your record

Every decision matters—from the 10-day window to request a formal review of your license suspension to preparing for trial. Letting the process unfold without experienced legal help can result in lifelong damage that was avoidable.

Florida DUI Defense FAQs About Underage DUI Charges

What is the legal BAC limit for drivers under 21 in Florida?
For drivers under 21, Florida has a zero-tolerance policy. A BAC of 0.02 or more will result in an administrative suspension. This threshold is so low that even one drink can put someone over the limit.

Is an underage DUI a criminal charge in Florida?
Not always. A BAC between 0.02 and 0.08 typically results in an administrative penalty. However, if you're under 21 and your BAC is 0.08 or higher—or if the officer believes you were impaired—you can face a full criminal DUI under § 316.193.

What happens if I refuse a breath test and I’m under 21?
Refusing the breath test leads to an automatic one-year license suspension under Florida's implied consent law. It may also make your situation more difficult in court unless you have strong defenses. But refusal cases can be won with the right legal approach.

Can my underage DUI be expunged in Florida?
Possibly, if you avoid a conviction. First-time offenders who have their charges dropped or reduced to a non-criminal infraction may be eligible for record sealing or expungement. But if you are adjudicated guilty, that record will remain.

Can I fight the driver’s license suspension separately from the criminal charge?
Yes. You only have 10 days from the arrest to request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles. If you miss this deadline, you may lose your right to challenge the suspension.

Will my college or university find out about my underage DUI arrest?
Yes, many Florida universities, including FSU, UF, UCF, and USF, have conduct codes that may impose sanctions, even for off-campus arrests. This can include suspension, loss of housing, or expulsion. That’s why early defense is crucial.

Do I need to tell future employers about this charge?
If convicted, yes. A criminal record will show up on background checks. But if we get your case dismissed or sealed, you may not have to disclose it in most situations. This is one of the main reasons to work with a private defense attorney.

Is there any way to avoid court altogether?
In some counties, first-time DUI offenders—especially minors—may qualify for a diversion program. But it’s not guaranteed, and your eligibility depends on multiple factors. A defense lawyer can assess this option and negotiate the best possible resolution.

Florida DUI Defense Attorney Call to Action – Protect Your Record and Your Future

If you or someone you care about has been charged with an under-21 DUI in Florida, don’t leave your future to chance. You need a defense that’s built on facts, strategy, and a complete understanding of how Florida courts and DMV hearings work.

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.