According to Jacksonville.com, the Florida Highway Safety and Motor Vehicles (FHSMV) says the state is home to 456,754 teen drivers. Nearly half (205,000) of these teen drivers (aged 15 to 19) had a learner’s license as of May 2024.
As a teen driver in Florida (or a parent of one), it’s crucial to remember that driving is a privilege, not a right. Committing driving errors, especially breaching the state’s zero-tolerance policy against driving under the influence (DUI), can lead to a loss of such privilege. Worse, underage DUI cases that cause death or injury can result in criminal charges.
In this guide, the team of legal professionals at RHINO Lawyers will share insights into teen driving laws in Florida. Read on to discover DUI penalties for minors and how legal help for underage DUI can safeguard their privileges and future.
What Is Florida’s Zero-Tolerance Policy?
Florida’s zero-tolerance policy is for underage drivers (anyone under the age of 21). It’s part of Florida Statutes Title XXIII Chapter 322.2616. Under this law, it’s unlawful for anyone under the age of 21 to drive or be in actual physical control of a motor vehicle if their breath-alcohol or blood-alcohol level (also called blood alcohol content or BAC) is 0.02 or higher.
BAC is a unit of measure for the amount of alcohol in an individual’s bloodstream.
What Does It Take to Reach a BAC of 0.02?
As this chart from Healthline shows, all it takes to get a BAC of 0.02 is one standard drink. However, a standard drink can result in a higher BAC, depending on the person’s gender. Women can have a higher BAC than men after consuming the same alcoholic beverage due to factors like:
- Having a lower body water content
- Hormonal fluctuations
- Fewer alcohol-metabolizing enzymes in the liver and stomach
Weight also plays a role; the less a person weighs, the higher their BAC can get.
According to Alcohol.org, one standard drink for BAC measuring purposes is equivalent to:
- One 12-ounce beer with a 5% alcohol by volume (ABV) content
- One glass of 5-ounce wine with a 12% ABV content
- A 1.5-ounce shot of liquor with a 40% ABV content
The only thing that can lower a person’s BAC is time. Not drinking anything containing alcohol is the only way to keep one’s BAC at 0.0%.
It’s also vital to note that in Florida, one can get charged with DUI even without drinking alcohol. Having traces of illicit drugs in one’s system, such as LSD or ecstasy, is an example.
What Are the Consequences of Underage DUI Cases in Florida?
Underage DUI can result in both administrative and criminal charges. Based on the circumstances surrounding the charge, it may only result in license suspension, but for more severe cases, hefty legal fines may also apply. The severity of the punishment and penalty also depends on whether it’s a first or subsequent DUI offense.
License Suspension
Under Florida Statutes Title XXIII Chapter 322.2616, a first-time underage DUI case involving a BAC of 0.02% will result in the immediate suspension of one’s license for six months. A one-year suspension will apply if it’s a teen driver’s second offense.
If a teen driver refuses to submit to a lawful breath test, they will have their driving privilege suspended for one year if it’s their first offense. The suspension increases to 18 months if it’s their second offense and they’ve refused to undergo a lawful breath test during their first underage DUI case.
Legal Fines
Drivers under 21 caught driving under the influence may also face monetary fines. Depending on the specifics of the charge, they may have to pay anywhere from $500 (e.g., if their charge involves a BAC of 0.02%) to $2,000 (for a BAC of 0.08% or higher).
Completion of a Substance Abuse Course
A minor driver caught driving with a BAC of 0.05 or higher will have their license suspended until they complete a state DMV-licensed DUI program for a substance abuse course. The offender will shoulder the cost of this course. The DMV will not reinstate the driver’s license unless they complete the program.
A law enforcer who catches and proves that a teen driver under 18 was driving with a BAC of 0.02 or higher may also take the offender to an “addiction receiving facility” in the county where the minor was driving.
Criminal Charges
Florida’s zero-tolerance policy doesn’t impose criminal charges on teen drivers unless their BAC is 0.08 or higher. In this case, they may face imprisonment in a county jail and provide hours of community service.
Underage DUI cases that result in property damage, bodily injury, or death may also lead to misdemeanor or felony charges.
What Should Teens and Parents Do About an Underage DUI Case?
Defenses are available for DUI traffic violations for teens in Florida, making it possible for you or your child to avoid criminal convictions. The key is to partner with a highly experienced and skilled attorney who focuses on underage DUI defense.
A DUI lawyer in Florida can help teen drivers and their parents avoid the long-term implications of underage drinking and driving by either getting the charges dropped or reducing the consequences of DUI convictions. They will gather and review evidence, including the results of the breath and field tests and the procedures taken by the involved law enforcement officers. They will also help you understand all available legal options, such as:
- Plea bargains
- Entering diversion programs
- Taking the case to court and fighting the charges
The last option is typically viable if the lawyer identifies any errors in the tests or procedures done. Either way, they’ll conduct a thorough and careful examination of all the facts to fight the conviction and prevent one mistake from affecting a teen driver’s entire future.
Partner With RHINO Lawyers for an Underage DUI Case
An underage DUI conviction can have lifelong implications and consequences on a teen driver’s future. Prevent these by partnering with highly experienced and skilled DUI attorneys.
At RHINO Lawyers, we have decades of combined experience in successfully representing and defending clients facing traffic and criminal charges. We will do the same for you or your child facing a DUI conviction. Let us help you protect your or your teen’s future with our skills, expertise, and in-depth knowledge of Florida road laws.
Speak with us today for a free video consultation and case review!
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RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.
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