Underage DUI Attorney in West Palm Beach, FL, Defending Minors Against DUI Charges in Palm Beach County, Broward County, Martin County, and Throughout South Florida
Although the law prohibits intoxicated driving, drivers under 21, who cannot legally drink, face stricter rules and harsher penalties for DUI. After you or your child get arrested for underage DUI in South Florida, you need knowledgeable legal representation to protect your rights, reputation, and future. Contact BD Law today for an initial case review to discuss how a West Palm Beach underage DUI lawyer can help you seek a fair and favorable resolution to drunk/drugged driving charges.
Florida Underage DUI Laws
Although Florida’s DUI law sets a blood alcohol level limit of 0.08 for most drivers, the state imposes a much stricter rule for drivers under 21 who cannot legally purchase or consume alcohol. Under Florida’s underage DUI law, a driver under 21 may not drive or exercise actual physical control of a motor vehicle with a breath/blood alcohol level of 0.02 or more. Any driver under 21 found with a BAC of 0.02 or more or who refuses to submit to breath or blood testing following an arrest for DUI will face an automatic suspension of their driver’s license. Suspension periods for underage DUI include:
- First DUI offense: Six-month suspension
- Second or subsequent DUI offense: One-year suspension
- Refusal of chemical testing: One-year suspension; 18-month suspension for individuals who have previously had their license suspended for underage DUI or refusal of chemical testing
The suspension of an underage driver who has a BAC of 0.05 or more must remain in effect until the driver completes a substance abuse course approved by the state.
Underage drivers who have their licenses suspended for DUI or chemical test refusal can file an administrative appeal of the suspension within 10 days. The police may issue a temporary driving permit that lasts for ten days, starting from the 12th hour after issuance and expiring at midnight on the tenth day following the date of issuance.
Underage drivers can also face conviction for DUI while under the influence of alcohol or drugs to the extent that the driver cannot safely operate a motor vehicle.
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Penalties for DUI in South Florida
Drivers under 21 convicted of DUI may also face the standard penalties applicable to DUI offenses, including:
- Fines ranging from $500 to $5,000, depending on the circumstances of the offense
- Jail terms ranging from six to 12 months or prison time of up to five years, with incarceration terms dependent on a defendant’s prior DUI convictions or other aggravating circumstances in the case
- Vehicle impoundment
- Driver’s license suspension subject to hardship reinstatement
- DUI school requirements
- Ignition interlock device requirements
Penalties for DUI convictions increase with each successive conviction or when an offense involves aggravating factors like:
- Driving with a BAC of 0.15 or more
- Driving with a minor passenger
- Causing or contributing to a motor vehicle accident that results in property damage, physical injury, or death
Defenses to Underage DUI Charges
Common defenses used to fight DUI charges in Florida include:
- Challenging the traffic stop: A defendant may move to dismiss a DUI charge by arguing that police lacked reasonable suspicion to initiate a traffic stop or improperly conducted a DUI checkpoint.
- Challenging field sobriety testing or chemical testing: Defendants may file motions to exclude field sobriety or blood/breath/urine test results due to issues that call the reliability of the testing into question, such as environmental/medical factors affecting test results or failure to follow testing protocols or calibrate testing equipment.
- Lack of evidence of driving/vehicle control: A DUI conviction under Florida law requires the government to prove that a driver operated or exercised actual physical control of a vehicle while intoxicated. A defendant may contest their DUI charge by proving that they did not drive or have control over a vehicle.
Possession of Alcohol by a Minor Charges
You don't even have to get behind the wheel to get in trouble for having alcohol in your system or on your person in Florida. Possession of Alcohol by a Minor is also a crime under FL state law. West Palm Beach underage DUI lawyer Brandon Dinetz has experience assisting students at local colleges, including Florida Atlantic University and Palm Beach State College, with charges of Possession of Alcohol by a Minor, whether or not DUI charges accompany these allegations.
Contact Our Firm Today to Discuss Your Options with a West Palm Beach Underage DUI Lawyer
When you or your son or daughter has gotten arrested for underage DUI, get experienced legal advice and advocacy from Attorney Brandon Dinetz. With his extensive background as a prosecutor and defense attorney in the Florida criminal justice system, he can help you pursue tailored case strategies to protect your rights and interests. Contact BD Law today for a confidential consultation to discuss your options for resolving your or your child’s underage DUI charges.