What is an Underage DUI?

 

DUI, driving under the influence, is a crime that is not limited to any particular age group. There are, however, some laws that apply specifically to those who are under the legal drinking age. In Florida, the legal drinking age is 21. Underage drinking laws apply to anyone under this age. DUI is measured by BAC (blood alcohol concentration) – how much alcohol is present in the body. The Florida legal drinking and driving limit is 0.08% BAC for drivers age 21 and over.

Underage Drinking

While the legal limit for drivers is 0.08%, drivers under the legal drinking age have different limits that apply. The legal limit for underage drivers is 0.02%. However, it is important to note that there is also a zero tolerance law in effect. Drivers under 21 with a BAC of .02% or higher will have their driver’s license suspended for a period of 6 months. 0.02% is very low – basically under a drink. This enforces the point that anyone under age 21 should not be drinking at all. If you’re stopped by police, you may be asked to submit to BAC testing.

BAC Tests

There are several ways that BAC may be tested including breath, urine, and blood tests. Of these, the most common test is the breath test. Most often, this is done using a breathalyzer, which is a portable unit that can be used at the scene of the traffic stop. Further testing may be done including a blood test, which will be done at the police station. The test will be sent to a lab for results. Often, a driver will be arrested on suspicion of DUI and tested formally at the station. Many drivers wonder if they should allow DUI tests to be completed.

Implied Consent

Florida has DUI implied consent laws in place. All drivers have automatically consented to DUI testing simply by signing their driver’s licenses. Those who refuse to consent to DUI testing are charged with another, additional charge. Refusing to submit to DUI testing will result in an automatic suspension of driver’s license. In addition, the fact that you refused will be used against you in your DUI case. In general, it’s usually best to go ahead and allow testing. If you have a prior DUI conviction, consult with an attorney before making the decision.

Fighting DUI Charges

It’s almost always wise to try to defend DUI charges. There are many things a defense attorney can do to try to resolve the case. Underage DUI offenders should be aware of the potential penalties for DUI conviction. These include fines, suspension of driver’s license, jail sentence, probation, and DUI classes. Additionally, a DUI conviction will make getting car insurance difficult and expensive. A criminal defense attorney focusing in DUI will be instrumental in defending the charges and getting the best possible results.