Key West Underage DUI Lawyers 

Underage DUI Attorneys, Laws, Penalties, and Defenses in Key West, Florida 


In Florida, an individual must be age 21 or older to consume alcoholic beverages without violating Florida law. Unfortunately, many teenagers and young adults violate the law by consuming alcohol before reaching the legal age of 21 years. In most cases, underage drinkers do so without any serious consequence. However, some young adults and teenagers find themselves in a very serious legal situation when driving and drinking are mixed. Teenage drivers are young drivers with very little experience and often have difficulties driving safely while being sober. Teenage drivers are more likely to fail to yield, speed, race, run red lights, and other dangerous driving behaviors. This is why teenage drivers are statistically more likely to be involved in motor vehicle accidents. According to, in 2017, approximately 21.6% of all fatal accidents in the state of Florida involved a driver under the age of 21 who was impaired by alcohol.

A DUI charge can ruin a young adult's life, especially when involved in an accident that causes injury or death of an innocent motorist. However, a DUI charge does not have to ruin a young person's life. Frequently, there is no evidence to support an underage DUI offense, and the Key west DUI defense attorney can work to have the charges dropped or the case dismissed. Due to the severe penalties associated with underage DUI criminal charges, anyone charged with underage DUI should speak with an experienced underage DUI defense lawyer in Key West, Florida, as soon as possible.  

According to Florida Statute Section 322.2616(1)(a), it is illegal for a driver under the age of 21 do you have a blood alcohol concentration of 0.02 or higher wow an actual physical control of a motor vehicle or while driving. In Florida, the legal standard for "impairment "is lower for people under the age of 21. Adults 21 or older have a legal limit in Florida of 0.08%. Underage drivers place themselves at risk of an underage DUI charge when they consume any amount of alcohol. 

If an underage driver has a blood alcohol concentration of 0.08 or more, he or she could be punished according to Florida's underage DUI laws and standard DUI laws that apply to drivers of the legal drinking age. If convicted of a standard DUI, The offender could receive fines, probation, additional court requirements, community service, alcohol and drug counseling, ignition interlock devices, and jail time.

The Penalties for Underage DUI in Key West, Florida

When an underage driver has been pulled over by law enforcement, it is undergoing a DUI investigation; the process is somewhat different. When a law enforcement officer has probable cause to believe that the driver is driving while under the influence of alcohol or has actual physical control while under the influence of drugs or alcohol and is under the age of 21, the officer may order the driver to submit to a breath test. If the breath test returns a result of 0.02 or higher, the driver will be arrested for underage DUI.

If convicted of underage DUI, the penalties Will depend on the BAC of the driver. If the underage driver has a BAC of 0.08 or higher, he or she will face Florida's standard DUI laws and punishments. The following are the punishments that apply to Florida underage DUI convictions:

First DUI offense with a BAC between 0.02 and 0.07 –The following are the punishments that apply to Florida underage do you why convictions:

  • First DUI offense with BAC between 0.02 and 0.07 – a six-month driver's license suspension.
  • Second or subsequent DUI conviction with BAC between 0.02 and 0.07 – one-year driver's license suspension.
  • Refusal to submit to a breathalyzer in a first DUI one-year driver's license suspension.
  • Second or subsequent test refusal – 18 months driver's license suspension.
  • BAC is 0.05 or higher - the driver must complete a substance abuse course and driver's license suspended until course completion.

Due to the thousands of lives lost every year due to drunk drivers, Florida has enacted some of the most severe penalties in punishments for a DUI conviction.  

Defending Against an Underage DUI Charge in Key West, Florida

The consequences of an underage DUI can be life-changing and may significantly affect the teenager's future. Young adults or teens who are facing a DUI criminal charge in the state of Florida should discuss their case with an experienced do you, our defense lawyer in Key West, Florida, and fight the prosecution head-on. At Musca Law, Our attorneys work hard and fight hard to win the best possible results for our clients.

The following are a few examples of underage DUI defenses to fight standard DUI and underage DUI criminal charges in the state of Florida:

  • The accused was not driving or in actual physical control of the motor vehicle at the time the vehicle was stopped by a police officer.
  • The BAC results were inaccurate.
  • The accused individual did not commit a traffic violation giving rise to a legal stop.
  • The police officer did not have enough probable cause To believe the accused was in physical control of the vehicle or driving under the influence of alcohol.

At Musca Law, our DUI defense attorneys in Key West, Florida, have over 150 combined years of DUI defense experience throughout the state of Florida. Our firm maintains over 30 law offices throughout the state of Florida to provide our clients the best possible legal representation and services. Mini underage DUI criminal cases do not have to end up in jail time, and our firm will work hard to help you or your loved one avoid jail or long-term driver's license suspension. For your free case review, simply call (305) 395-2077.