DUI under 21 is considered a serious offense under Florida law. If convicted, the minor can face severe penalties.
Florida Statute § 322.2616 sets forth a lower legal blood alcohol limit for drivers under the age of 21. While the legal blood alcohol content (BAC) limit for those 21 or over is .08%, individuals under 21 with a .02% or higher can lawfully be charged with DUI.
Both minors and parents should understand the penalties of an underage DUI. A conviction for DUI under 21 is not only costly in the short term but can have long-standing repercussions across multiple aspects of a person’s life.
What is the legal drinking age in Florida? Like most of the country, the legal drinking age in Florida is 21. Minors are not allowed, under state law, to drink alcohol at all. It is illegal. This is why the penalties are so tough. This is also why the BAC for driving under the influence is much lower than for those over 21. With a BAC of .02% or higher for DUI under 21, it does not take much alcohol at all when someone drinks and drives to get in trouble with the law.
The DUI penalties for minors will depend on the situation surrounding the arrest. Here is a basic breakdown of potential penalties:
Additionally, the judge may order mandatory education programs or other consequences, including an evaluation at an addiction facility.
DUI under 21 is treated differently under the law, depending on whether it is your first or repeat offense. The first offense is profoundly serious, but the second or more comes with increasing penalties. Here is a breakdown of penalties for repeat offenders of DUI under 21:
If you drive at any time after your license is suspended and are stopped by the police, you could face high fines and jail time.
The consequences of getting caught drinking if you are under 21 can be severe. There are both DUI and non-DUI drinking offenses under Florida law.
As you can see above, a conviction of DUI under 21 has severe penalties, including driver’s license suspension, potential fines and jail time, car impoundment, and more.
But you do not have to get behind the wheel to get in trouble with the law if you are caught drinking under 21. Florida’s laws include offenses (and potential penalties) such as:
Underage possession of alcohol can also result in suspension of your driver’s license as well.
Parents must know that it is illegal for minors to drink alcohol even if they are present and/or have permitted them to do so. Parents can also face stiff fines and even jail time. Additionally, if a minor causes injury while under the influence of alcohol, the parents can also face legal consequences.
The legal BAC limits for drivers under 21 should be well understood. The 0.02 BAC limit for minors is designed to be in alignment with the law prohibiting minors from drinking alcohol.
Generally, it only takes one standard drink to get a 0.02% BAC level. This would equal a 12-ounce beer, a 5-ounce table wine, or a 1.5-ounce 80-proof liquor drink. So, if a minor has had one drink, they may be arrested for DUI.
The 0.08% BAC limit for adults allows for more alcohol consumption before they get a breathalyzer reading, which would lead to a DUI charge. The amount varies depending on the individual's body weight – generally from 2-3 drinks for low to average weight.
The takeaway is that any alcohol consumption can lead to DUI under 21 years of age.
Minors caught driving under the influence will face immediate – and potential long-term consequences. When you are pulled over, law enforcement will first ask for your driver’s license. They may then instruct you to do a field sobriety test, including the walk-and-turn test, the one-leg stand, and the horizontal gaze nystagmus test.
Law enforcement will also often instruct you to do a breathalyzer test. Under Florida laws, there are penalties for refusing a breathalyzer test. A one-year suspension of your driver’s license can be ordered. If law enforcement determines you meet the requirements of DUI under 21, you will be arrested and taken to the county jail for processing.
The individual's actions will determine the penalties. Resisting arrest, being in an accident that caused injuries, or refusing to test can all increase the penalties against you.
DUI under 21 can also result in additional consequences. These can be long-term, lasting for years, affecting multiple aspects of someone’s life. If adjudicated guilty, the minor’s driving record will show the DUI and related license suspension—and they likely will not be eligible to have their records sealed or expunged. Insurance rates are also often affected, producing higher bills than those without a DUI.
With a conviction of DUI under 21, the minor will have a criminal record. This can limit educational opportunities and employment prospects, affecting their future, career, and income potential.
Parents should know that minors have legal rights, too. Parents should also remember that they can be held liable for their children’s actions, mainly if they were in an accident that resulted in injuries. Bearing this in mind, taking action immediately after a minor is charged with DUI is crucial. Seek proper legal representation to begin building a defense as soon as possible.
Consult with an attorney who has experience in these types of cases. Your DUI attorney will work diligently to obtain the best possible outcome, including potentially getting the charges reduced or dismissed.
Parents and minors have the power to avoid underage DUIs. Understanding the law should be an excellent deterrent to both underage drinking and driving under the influence. The short and long-term penalties are severe if the minor is adjudicated guilty.
If parents drink alcohol at home, have honest conversations and clear rules about minors not drinking. If minor children do choose to drink alcohol, have plans in place to ensure they do not get behind the wheel, such as rideshare apps or parent pickup.
The legal risks of having a DUI under 21 conviction on your record are substantial and potentially long-lasting. From expensive fines and possible jail time to reductions in freedom and obstacles in higher education and careers, avoiding an underage DUI should be a priority for both parents and minors.
If a minor has been charged with DUI, the worst outcome is not inevitable. A strong DUI defense attorney understands how to approach and defend these types of cases.
Minors and parents should consult a DUI defense attorney as soon as possible for underage DUI. Proper legal guidance is important in all types of DUI cases but critical when it is a DUI under 21. The laws in Florida are harsh – and the consequences that minor children can face are real and severe.Do not let a youthful mistake have a lifetime impact. Contact The Denson Firm immediately to schedule a free consultation and speak with an experienced Florida juvenile crime defense attorney. Our phones are answered 24 hours a day. Contact us now.
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