Miami, FL Underage DUI Defense Lawyer

Attorney Helping Minors Defend Against DUI Charges and Minimize Penalties in Miami, Florida

Drunk driving is dangerous for everyone, regardless of their age or their level of driving skill. However, because young people have less experience than most other drivers and may engage in impulsive or risky behavior, they may be under higher levels of scrutiny by law enforcement. If a police officer believes that a minor has been drinking alcohol, they may arrest the minor for underage DUI.

The age at which people are allowed to legally drink alcohol in Florida is 21, and the state follows a zero-tolerance policy when addressing alcohol use by underage drivers. Even a small amount of alcohol in a young person's system can result in a DUI arrest, which could lead to penalties that could affect their future. A DUI charge can jeopardize a minor's driving privileges, lead to increased insurance costs, and create a criminal record that may interfere with college admissions, scholarships, job opportunities, or professional licensing. What may seem like a minor mistake can lead to significant legal consequences.

At Stroleny Law: Criminal Defense Attorney, we understand the challenges that young drivers face after an underage DUI arrest. We work to defend against the charges, minimize the legal penalties for a minor, and help protect their future. Our goal is to provide guidance, support, and strong legal representation while taking steps to minimize the long-term impact of an underage DUI arrest.

When Can Drivers Under 21 Be Arrested for DUI in Florida?

Florida Statutes Section 322.2616 outlines the state's zero-tolerance law for underage drivers. A driver younger than 21 years old who is found to have a blood alcohol concentration (BAC) of at least 0.02 percent can face administrative penalties, even if their driving ability has not been impaired. This is significantly lower than the legal limit of 0.08 percent that applies for drivers over the age of 21.

A law enforcement officer may stop and investigate an underage driver if they have a reasonable suspicion of impairment. For example, a traffic stop may be performed because an officer observed erratic driving, speeding, swerving, or other forms of unsafe driving. If an officer observes signs of impairment during a traffic stop, they may perform an arrest for DUI. If a breath test shows a BAC above 0.02 percent, or if the driver refuses testing, administrative sanctions will apply. Additional penalties may apply if tests show that a young driver had a higher BAC.

Penalties for Minors Charged With Underage DUI

The specific penalties that a minor may face after being arrested for DUI may depend on their BAC, whether the offense involved drugs or alcohol, and whether they had been charged with DUI in the past. There are two categories of penalties: administrative and criminal.

The administrative penalties for drivers under 21 with a BAC of 0.02 percent or more include a six-month driver's license suspension for a first-time offense and a one-year suspension for any additional offenses. If the person refused to submit to a lawful breath test, they will face a one-year license suspension for a first offense or an 18-month suspension for a subsequent refusal. If a minor's BAC was 0.05 or more, a substance abuse course must be completed before their license will be reinstated.

Criminal penalties may apply if a young person had a BAC that was over .08 percent or if their driving ability was impaired because of the use of drugs, alcohol, or a combination of substances. An accident that led to property damage, injuries, or death may also result in criminal charges. In these cases, a minor will face the penalties that may apply in cases involving adults who are charged with DUI. They could be sentenced to jail time and required to pay thousands of dollars in fines.

In addition to other penalties, a DUI charge will be recorded on a person's criminal record. A DUI conviction could be viewed by schools, employers, or licensing agencies in the future.

Legal Help for Young Drivers Facing DUI Charges

A DUI arrest at a young age can have serious consequences that may last for years. At Stroleny Law: Criminal Defense Attorney, we represent minors who are facing DUI charges, helping them understand their rights, the charges they are facing, the different types of penalties that may affect their future, and their options for defending against a conviction and minimizing their penalties.

We can represent clients in administrative hearings related to license suspension or reinstatement, and we can also advocate for clients in criminal courts. We may take steps to challenge traffic stops, field sobriety tests, or chemical tests of breath, blood, or urine. We will determine whether any procedural errors may be raised that could lead to the dismissal of underage DUI charges.

In many cases, it may be possible to avoid a criminal conviction through pretrial diversion, entry into a substance education program, or successful defense in court. Our lawyer will work with each client to find solutions that will help to limit the long-term impact of an arrest and allow a young person to stay on track for future success.

Contact Our Miami Underage DUI Attorney

When a young person has been arrested for underage DUI, it is important to act quickly to protect their license and their record. The consequences of a DUI at a young age can follow a person for years, but with the right legal guidance, it may be possible to minimize the penalties or avoid a conviction altogether. Contact Stroleny Law: Criminal Defense Attorney today at 305-615-1285 to set up a consultation and speak with our Miami, FL underage DUI lawyer. We are ready to provide aggressive representation for young drivers in these challenging situations.