Florida’s Underage DUI Laws and Penalties

The consequences of impaired driving for drivers who are under 21 years old.

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In Florida, drivers of all ages can be convicted of a standard DUI for driving with a blood alcohol concentration (BAC) of .08% or more or while under the influence of (actually impaired by) drugs or alcohol. However, Florida has a stricter standard that applies to drivers who are under the age of 21.

This article explains Florida's underage DUI law and the consequences of a violation.

Florida's Underage DUI Law

Florida's underage DUI laws prohibit drivers who are under the age of 21 from having a BAC of .02% or more. In other words, these younger drivers will likely be cited for an underage DUI if caught driving with a BAC of at least .02% but less than .08%.

Florida's Underage DUI Penalties

An underage DUI is not a criminal charge and cannot lead to jail time. But a violation will result in license-related penalties and possibly require the offender to participate in substance abuse education.

License Suspension for an Underage DUI in Florida

A driver under the age of 21 who's cited for driving with a BAC of at least .02% faces a six-month suspension for a first offense. For a second or subsequent violation, there's a one-year suspension.

Florida's Treatment Requirements for Underage DUI Offenders

Completion of a DUI evaluation and course will also be required if the driver had a BAC of at least .05%. The driver must show proof of substance abuse course completion prior to license reinstatement. The results of the substance abuse evaluation are forwarded to the driver's parents if the driver was younger than 19 years old.

Violations of Florida's Implied Consent Law

All Florida drivers are considered to have given their implied consent to chemical testing for drugs or alcohol. An officer who has probable cause to believe an underage driver has consumed any alcohol can request the driver take a breath or blood test.

Refusal of a lawfully requested test will result in license seizure and a one-year suspension. A subsequent refusal offense will result in an 18-month license suspension.

Getting a Hardship License Following a DUI Suspension in Florida

Unless the driver has two prior DUI offenses, he or she can apply for a hardship license. The hardship license permits the holder to travel to and from work during the suspension period with the use of an ignition interlock device. The applicant must serve at least 30 days of the suspension and enroll in a DUI substance abuse education course to apply for a hardship license.

Legal Process for Underage DUIs in Florida

Unlike a standard DUI—which is handled in a criminal court—an underage DUI is dealt with administratively through the Department of Highway Safety and Motor Vehicles. If you wish to contest an underage DUI, a written request for review must be submitted to the department within ten days of the notice of suspension.

Talk to a Florida DUI Attorney

Regardless of your age, you should get in contact with a DUI lawyer following a DUI violation. A qualified DUI attorney can review your case and help you decide on the best course of action.

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You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

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