DUI’s below the legal drinking age of 21 can have serious if not life-changing consequences for the person accused.
This is due to Florida’s Zero Tolerance policy which puts the legal blood alcohol level at 0.02% for under-aged drinkers caught behind the wheel.
It’s therefore vital to contact a Miami DUI lawyer as soon as possible, ensuring that every avenue of attack is available before going to trial.
Administrative suspension: The 10-day Rule
Directly after arrest for such an offense, the officer will take the young person’s license away and replace it with a temporary driving permit which allows them to drive for 10 days. This provides a window period for a DUI law firm in Miami to fight administrative suspension.
Although parents may be shocked at their children’s conduct and even welcome suspension, the life-long repercussions of administrative suspension make this approach inadvisable. Instead, to avoid collateral costs such as a dramatically increased insurance premiums among others, it is usually best for parents make use of a skilled DUI lawyer in Miami to challenge the ruling.
Of special importance is the formal review hearing carried out by the Bureau of Administrative Reviews. Here, all witnesses can be called upon and questioned under oath.
What follows is a breakdown of the penalties one might expect for underage DUI’s:
- Driving under 21 with a BAC of .02% or higher:
For a first-time offense, the driver receives suspension of their license for 6 months. If previously convicted of a DUI, the suspension period is 1 year.
- Refusal to take a blood or breath test:
For a first-time offense of this nature, the driver’s license is suspended for 1 year. Any subsequent refusals will result in an 18 month driver’s license suspension and can result in jail/detention time.
- Driving under 18 with a BAC of .02% or higher:
The driver’s license will be suspended for 6 months and the offender will face mandatory evaluation at a local addictions facility, or alternatively they may have to complete an alcohol education program.
- Driving under 21 with a BAC of 0.08% or higher:
Penalties are identical to those faced by a driver of 21 or older. This range between fines of between $500 and $1000 and incarceration for up to 6 months.
Because we realize the negative impacts the above offenses can have on a young person’s life, each underage drinking lawyer in our company is immensely skilled and experienced to deal with these situations. We suggest that you enlist an aggressive Miami DUI lawyer to push back on your suspension charges, without delay.
Stroleny Law, P.A. handles a variety of criminal law cases, so call now if you have any questions, (305) 615-1285.