Sanford, Longwood and Tavares Underage DUI Lawyer
Sanford, Longwood, and Tavares Underage DUI Attorneys Ready to Fight for You
DUI laws are slightly different regarding drivers under the age of 21. As a Florida resident must be at least 21 years of age to lawfully consume alcohol, the State authorizes law enforcement personnel to detain any driver under the age of 21 if the officer has probable cause to believe that he or she has any level of alcohol in his or her system. The officer also has the authority to request the driver to submit to a breath or blood test to determine the presence and/or level of blood alcohol, and a driver found to have virtually any blood alcohol may have his or her driver’s license suspended.
Any driver under the age of 21 who operates a motor vehicle while shown to have a blood alcohol content of 0.02% or greater may face a six-month license suspension by the Florida DHSMV. A second or subsequent underage DUI offense may result in a year-long license suspension. Any driver under the age of 21 who refuses to submit to a breath or blood test faces increased penalties. A first refusal will result in driver’s license suspension for one year. A second or subsequent refusal may result in an 18-month suspension.
Underage DUI Defense Attorneys With Experience Serving Sanford, Longwood, and Tavares
Katz & Phillips, P.A. has a wealth of experience defending many types of drunk driving charges, and this has equipped us with a set of strategies that will work for your underage DUI case.
In underage DUI cases, defense strategies are pivotal in challenging the charges and protecting the rights of the accused. A common defense approach is contesting the legality of the initial traffic stop. This involves scrutinizing whether law enforcement had a valid reason or probable cause to make the stop. If it’s determined that the stop was without legal justification, evidence obtained thereafter, such as breathalyzer results, may be deemed inadmissible in court.
Another critical defense tactic focuses on the accuracy and administration of breathalyzer tests. Defense attorneys often question the calibration and maintenance of the testing device, as well as the protocol followed during the test. Any procedural errors or lapses in maintaining the equipment can cast doubt on the reliability of the BAC results.
Procedural defenses play a significant role as well. This includes examining the arrest process, ensuring that the accused’s rights were not violated and that proper legal procedures were followed. For instance, if the arresting officer failed to read the Miranda rights to the underage individual, this could impact the case’s outcome.
These defensive strategies aim not just to challenge the evidence, but also to uphold the legal rights of the underage individual, ensuring a fair and just process in the complex landscape of DUI litigation.
Understanding Florida’s Zero Tolerance Laws
Florida’s approach to underage drinking and driving is encapsulated in its “Zero Tolerance” laws, which are markedly stricter than DUI laws for those over 21. These laws underscore the state’s firm stance against underage drinking and driving, recognizing the heightened risks involved. While the standard legal limit for blood alcohol content (BAC) in drivers over 21 is 0.08%, for those under 21, this threshold is significantly lower at 0.02%. This difference is crucial as it reflects the state’s intent to discourage any level of alcohol consumption by underage drivers.
The rationale behind the stringent 0.02% limit is multifaceted. Firstly, it acknowledges the physiological effects of alcohol on younger individuals, who may be more impaired by smaller amounts of alcohol compared to adults. Additionally, it serves as a preventive measure, aiming to deter underage drinking entirely, considering the legal drinking age in Florida is 21. Furthermore, these laws are intended to instill responsible behaviors in young drivers, promoting safety for both themselves and others on the road.
The Zero Tolerance policy thus plays a dual role: it acts as a legal deterrent against underage drinking and driving, and it also serves an educational purpose, emphasizing the serious repercussions of such actions. This approach shows Florida’s commitment to reducing DUI-related incidents among underage drivers and ensuring safer roadways for all.
Role of Parents in Underage DUI Cases
In underage DUI cases, parents play a crucial role. It’s vital to engage a skilled DUI attorney who specializes in underage cases for legal guidance. Emotionally, parents should provide support and understanding, recognizing the stress and fear their child may be experiencing. Open, non-judgmental communication is key, as is educating themselves about the legal process. Parents can also help by discussing the consequences of DUI and reinforcing responsible behavior. This approach not only aids in navigating the legal challenges but also supports the child’s emotional well-being, fostering a constructive environment for facing and learning from the situation.
Get an Experienced Sanford, Longwood, and Tavares Underage DUI Law Firm
If you or your under-21 child are facing underage DUI charges in Sanford, Longwood or Tavares, Fla., a DUI lawyer at Katz & Phillips, P.A. may be able to help. Our attorneys have a great deal of experience in defending all types of drunk driving charges, and we will apply our extensive knowledge of underage DUI law to defend you or your child against license suspension or possible criminal charges, depending upon the nature of your case.
Don’t hesitate. If you or your child are charged with under-21 DUI in Seminole or Lake County, contact a DUI attorney at Katz & Phillips today for more information and/or to arrange a defense.