An Examination of Legal Implications and Consequences
Charles Lester, a promising football player at Florida State University, recently found himself in legal trouble when he was arrested for driving under the influence (DUI). This incident has been widely covered in the local media with much misinformation about Florida’s under 21 Driving Under the Influence laws and administrative rules.
Charles Lester was pulled over by law enforcement officers Monday night, February 17, 2025. According to the police report, Lester was stopped because he was speeding. When he approached the window of Lester’s vehicle the officer reports that he smelled the odor of alcohol coming from the vehicle. And that Lester had, “bloodshot glassy eyes and a slight slur in his speech.” Lester admitted to having one cup of wine according to the police report.
Lester agreed to participate in Field Sobriety Testing. The officer administered the Walk and Turn exercise, requiring Lester to take 9 heel to toe steps down a straight line, turn and take nine heel to toe steps back. The Officer claims that Lester could not maintain his balance while listening to the instructions, did not take the correct number of steps, stepped off the line once and missed heel to toe multiple times.
Next Lester performed the One Leg Stand – The officer reported that Lester raised his arms for balance, did not keep his leg straight, did not raise his foot the proper height and did not count as instructed.
Based on his performance the officer arrested Lester for DUI and administered a breath test. After the 20-minute observation period, Lester provided two breath samples. The results: .074 and .067, both below the legal limit of .08.
Unlike what has been reported in the media and by those whose article are written by AI, Florida’s DUI law does not apply differently to those under 21. In order to be criminally charged with DUI, any person regardless of age must commit the same elements. Florida’s DUI law is found in Florida Statute 316.193 which reads:
(1) 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…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.
There is no zero-tolerance law for underage drivers which would lead to criminal charges if they had any alcohol in their system.
Though there is no law which treats underage drivers differently than adults who have consumed alcohol, the administrative rules regarding driving privileges do differ. Administratively, the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) has a zero-tolerance rule for drivers under the age of 21. This means that any driver under the age of 21 found with a BAC of 0.02% or higher is subject to suspension of their driver’s license. The zero-tolerance policy is designed to deter underage drinking and promote safer driving habits among young people. The rationale behind this law is to address the increased risk of accidents and fatalities associated with underage drinking and driving.
Per Florida Statute 322.2616, A law enforcement officer or correctional officer shall, on behalf of the department, suspend the driving privilege of such person (under 21) if the person has a blood-alcohol or breath-alcohol level of 0.02 or higher. The officer shall also suspend, on behalf of the department, the driving privilege of a person who has refused to submit to a test as provided by paragraph (b). The officer shall take the person’s driver license and issue the person a 10-day temporary driving permit if the person is otherwise eligible for the driving privilege and shall issue the person a notice of suspension.
When an underage driver is arrested for DUI in Florida, the legal process typically involves several steps. First, the arresting officer will issue a notice of suspension, which temporarily restricts the driver’s license. The driver then has ten days to request a formal review hearing to challenge the suspension. During this period, the driver may be granted a temporary permit to drive for business or educational purposes if he is otherwise eligible to drive. According to the police report in Charles Lester’s case, his license was already suspended prior to the arrest, therefore Mr. Lester will be ineligible for any type of license or permit during the entire administrative suspension.
If a person is otherwise eligible to drive and if the formal review hearing upholds the suspension, the driver must serve the suspension period before being eligible for license reinstatement but can get a hardship license for most of the suspension. Additionally, the driver as in Mr. Lester’s case, may face criminal charges, which can result in further penalties and license suspensions if convicted. The legal proceedings are complex and require the involvement of legal counsel to navigate the charges and potential defenses. Mr. Lester and anyone charged with DUI should look for a Board-Certified DUI Defense Specialist to help them with their defense.
Offenders also face additional measures such as alcohol education or treatment programs, which are mandatory if convicted under Florida law and are designed to address underlying issues related to alcohol use. The aim is to rehabilitate the individual and reduce the likelihood of repeat offenses.
Under Florida law, the penalties for DUI criminal conviction can include the following:
These criminal penalties are intended to serve as a deterrent and to provide education on the dangers of impaired driving. The zero-tolerance administrative policy reflects the state’s desire to reduce injuries and deaths related to underage drinking and driving.
Given that Charles Lester’s BAC was below the legal limit for adults but above the zero-tolerance threshold, he faces an immediate administrative license suspension, which an adult would not face. For adults who take the breath test and blow below the legal limit, under most circumstances, there is no administrative suspension. Criminally, Mr. Lester has been charged with DUI. An experienced DUI Defense attorney ought to be able to help him get the charges dropped or at least reduced. Further, if the state is unwilling to drop the charges, Charles Lester may want to take the case to trial. In our experience, with a breath test below the legal limit and his performance on the field tests, Charles Lester has an excellent chance of being found not guilty of DUI after a jury trial.
Should he plead “guilty” or go to trial and lose, Charles Lester faces fines, jail time, DUI education requirements community service and additional suspension of his driver’s license. This arrest could also have significant implications for his athletic career and scholarship status. Universities and athletic programs often have strict codes of conduct, and a DUI arrest could result in disciplinary actions, including suspension from the team or revocation of scholarships.
Lester’s case serves as a high-profile example of the consequences of underage drinking and driving. The scrutiny he faces from the media, the university community, and his peers may add to the personal and professional challenges he will have to overcome. His future in collegiate sports and his academic pursuits could be significantly impacted by the results of this case.
Charles Lester’s arrest serves as a stark reminder of the importance of awareness and education regarding underage drinking and driving. Young drivers need to understand the legal consequences of their actions and the potential impact on their future. Educational programs that emphasize the dangers of impaired driving and the specifics of zero-tolerance laws can help prevent similar incidents.
Schools and universities play a critical role in promoting safe driving habits among students. Workshops, seminars, and campaigns that address the risks and legal ramifications of underage drinking can be effective tools in reducing instances of DUI among young drivers. By fostering a culture of responsibility and awareness, University communities can work together to minimize the occurrence of such incidents among their students.
The arrest of Charles Lester highlights the strict enforcement of Florida’s administrative zero-tolerance DUI law for drivers under 21. The zero-tolerance policy affects his ability to drive in the near future. This case underscores the need for continued education and awareness to ensure that young drivers understand the serious consequences of drinking and driving. While his BAC was below the legal limit, the State can still proceed with criminal DUI charges against him and attempt to prove the case by showing that his normal faculties were impaired by alcohol. This is a more difficult road for the state than simply showing his breath result was over the legal limit, but it can be done. Mr. Lester should hire a Board-Certified DUI Defense Specialist or an extremely experienced lawyer who focuses primarily on DUI defense to have the best chance of winning his case.
As the legal process unfolds, Lester’s case will be closely watched by his peers, the university, and the wider community. It serves as a poignant example of how one momentary lapse in judgment can have far-reaching repercussions. The hope is that this incident will lead to greater awareness and more informed choices among young drivers, ultimately contributing to safer roads for everyone.
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