Our Services
About us
Graduation night may mean that there is alcohol present at parties. Drivers who are not legal to drink could face a range of consequences if they are convicted which depend on their blood alcohol content when they were tested. The effects of this conviction can impact an underage driver in both the short and long run, making it essential that they hire a criminal defense attorney to represent them in the legal process.
Speak to an Orlando DUI defense lawyer at The Alers Law Firm if you or your child are facing DUI charges. You may have more options than you think, and a criminal defense attorney can explain them.
There Is a Lower Threshold for DUI in Florida
Florida has very strict laws that define and punish underage DUI. The state has a lower threshold for when an underage driver can be charged with DUI. Drivers who are legally able to drink break the law when they have a blood alcohol content of .08 or higher. When a driver is underage, that threshold drops to .02. In other words, driving after one drink should be enough for an underage driver to be apprehended for DUI if they are stopped by police.
One mistake during graduation season can cause immense consequences that can remain with someone for a long time, and the effects are not just limited to potential jail time.
Penalties for Underage DUI in Florida
The consequences for an underage DUI depend on the driver’s blood alcohol content.
- If the BAC is between .02 and .08, it would not be considered a criminal offense. Still, an underage drunk driver would lose their license for 6 months if they are convicted with this BAC.
- A second or subsequent offense for a DUI with this BAC can lead to a one-year license suspension.
- Refusal to submit to a Breathalyzer test for a first offense will lead to a one-year license suspension
- The driver would need to complete a substance abuse evaluation and course if they had a BAC of .05 or greater
DUI becomes a criminal offense for underage drivers when the BAC is over .08, or there are other extenuating circumstances. No matter the driver’s BAC, they could be charged criminally if they caused serious bodily injury, or if there are children in the car.
If the underage driver is convicted of DUI when there are no aggravating factors present, they could face the following penalties for the first offense:
- Jail time of up to six months
- Fines of $500-$1,000
- Installing an ignition interlock device (if the BAC was high enough)
- Community service
- Probation
As an underage driver, and a first-time offender, you may be able to avoid some of the most serious penalties. You should hire a criminal defense attorney to represent you in the legal process to give you options in your defense.
A DUI Conviction Can Change Your Life in Many Ways
Besides the potential for jail time and fines, your future could also be impacted by an underage DUI conviction. Having a criminal record can affect you in various ways, including:
- Making it more difficult for you to be admitted to colleges, which would check to see if you have a criminal record
- Losing access to certain scholarships and public benefits
- Being hired for certain jobs
- Complicating your status in this country if you are on a program such as DACA
Just because someone is underage does not mean that they do not have valid defenses to a DUI charge. An underage driver may use the following defenses if they have been charged with DUI:
- The officer did not have reasonable suspicion that would have allowed them to make a traffic stop
- The testing data was corrupted because the Breathalyzer machine was not properly calibrated
- Police failed to adhere to their own procedures when conducting an investigation
- Law enforcement otherwise violated your rights
Is a Parent Criminally Liable for Their Child’s DUI?
Typically, a parent will not be held responsible for their child’s underage DUI unless certain circumstances apply. If the parent has furnished their child with alcohol when they are underage, or they have allowed them to use the car in circumstances in which they know that their child may be inebriated, the parent may then have criminal liability.
Contact an Orlando Criminal Defense Law Firm Today
Your future could be on the line if you have been charged with underage DUI, and you should take no chances. Speak to an Orlando criminal defense attorney at the Alers Law Firm in a free initial consultation to learn more about your legal rights and a path forward when you are facing these charges. You can send us a message through our website, or you can call us today at (407) 930-4888.