Drinking and driving is taken seriously in Florida. People who are arrested, charged and convicted will inevitably face a harsh series of penalties including a loss of driving privileges, fines and potential jail time. This is true regardless of the persons age.
However, when the driver is under 21, they are not legally allowed to have been consuming alcohol in the first place. The amount of alcohol in their system at the time can be lower than it would be for someone 21 or older. It is important for younger people to understand the law, particularly since many are getting ready for college where there is likely to be alcohol available.
A small amount of alcohol can lead to a driver’s license suspension
For people under 21, a law enforcement traffic stop and an investigation to determine if the driver has alcohol in their system can result in an immediate driver’s license suspension. If a driver is 21 or older, the blood alcohol concentration level for a drunk driving charge is 0.08. Those under 21 will face sanctions if their BAC is 0.02% or higher.
The officer can detain the driver if they suspect they have alcohol in the system and request that they submit to a test to determine the amount. Many might be under the impression that they have the right to refuse to submit to the test. This is not true and their license will be suspended for a refusal. They will be given a 10-day driving permit in lieu of their license.
Those who register a BAC of 0.05% or higher will have their license suspended until they have taken and completed a substance abuse course. They are obligated to pay for it. If the driver was under 18 and registers 0.02% or higher, they can be taken to an addictions receiving facility.
A formal review can look at the circumstances of the case and it could possibly lead to a positive outcome for the driver. For example, law enforcement officers need to have probable cause. Without it, the case could be called into question. Other areas to challenge include the driver being informed that they were legally required to submit to the test or that there were flaws with the test such as a breathalyzer machine that was not properly calibrated.
An underage DUI can present long-term challenges
Being arrested for any reason can cause problems with their education, getting a job and trying to achieve other goals. There are, however, effective avenues of drunk driving defense to consider. Before accepting the charges and the penalties, it is wise to explore all options to fight the charges.
