Florida: Underage DUI

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The drinking age in Florida is 21 and consumption of alcohol by anyone under 21 is illegal (with no exceptions). Because underage drinkers cause a disproportionate number of alcohol-related auto fatalities, the standards are stricter and the penalties may be harsher for those under 21. 

More information about Florida’s teen driving requirements.

What constitutes driving under the influence?

If a chemical test determines that a driver under 21 has a BAC of .02% or higher, the driver can be cited for driving under the influence. (For those 21 or older, the BAC is .08%)

What are the penalties?

If First Drunk Driving Conviction: if an under-21 driver has a .02% or higher BAC, the driver’s license will be suspended for six months.  The results could be a lengthier suspension if the driver’s BAC is over .05%. Above .08% BAC a driver may be subject to jail time depending on the BAC, and a fine ($1,000 to $2,000) (more information: First Offense DUI in Florida).

If Second Drunk Driving Conviction while under 21 Years: if an under-21 driver has a .02% BAC or higher for a second DUI, the driver’s license will be suspended for 12 months. In addition, a second DUI may result in imprisonment (10 days to 12 months, depending on the BAC) a fine ($1,000 up to $4,000 depending on the BAC). (More Information: Second Offense DUI in Florida.)

What if you refuse the chemical test? Read about Florida implied consent laws.

What other charges?

In addition to driving under the influence, an underage drinker may be charged with any of the following:

  • distributing alcohol to other minors (were there underage drunk passengers?),
  • minor in possession,
  • soliciting alcohol,
  • child endangerment law violations,
  • possession of false identification (was a fake id used to purchase alcohol?), and
  • moving and vehicle maintenance violations (what else did the arresting officer see?). 

What happens to your insurance?

Some insurance companies may terminate a policy after an underage DUI (while others refuse to renew). Most companies simply raise the cost of the monthly premium by $100 to $200 (sometimes higher) for a higher risk policy. The raise usually stays in place for three to five years. You’ll also probably need to furnish the DMV with an SR-22 certificate to reinstate a license after suspension (as proof of insurability). Most insurance companies furnish this form to the DMV. Check with your insurer to see if it performs this service.

by: , Attorney

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