The legal limit for a person under the age of 21 suspected of driving under the influence of alcohol is set at 0.02. Often called Florida's "Zero Tolerance" policy, even one alcoholic beverage can lead to an underage driver being charged with DUI. Contact an experienced Tallahassee DUI Attorney at the Law Offices of Don Pumphrey, Jr., to discuss a "zero tolerance" DUI case involving a juvenile or young adult who is under the age of 21 years old.
Tallahassee Juvenile DUI Attorney
The criminal defense lawyers at the Law Offices of Don Pumphrey, Jr., fight to protect young people charged with any under aged drinking offense, including DUI in Tallahassee, Leon County, Florida and the nearby areas throughout Florida's Second Judicial Circuit, including Crawfordville in Wakulla County, Quincy in Gadsden County, Bristol in Liberty County, and Monticello in Jefferson County.
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Indirect Under 21 DUI Consequences
Besides the possible punishments and penalties that can be imposed by the court, a young person also faces a myriad of indirect consequences that can occur if convicted of DUI, such as:|
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A college or high school student can face disciplinary actions, including being expelled from school, especially if the young person has prior disciplinary action or the drunk driving offense occurred on campus.
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The young person may see a dramatic increase in insurance premiums that can last for more than three years.
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A DUI conviction means a permanent mark on the young person's criminal record which can never be sealed or expunged.
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10 Days to Request a Formal Review Hearing
Florida Statute 322.2616 provides the arresting officer can request the person submit to a breath test, urine test, or blood test if the DUI officer has probable cause to believe the young person is under the influence of drugs or alcohol. In certain cases, the courts have found the smell of alcohol on the driver's breath is enough to constitute probable cause of the arrest.
If the driver refuses to submit to the requested chemical test of his breath, blood or urine, the Department of Highway Safety and Motor Vehicles (DHSMV) can administratively suspend the young person's privileges to drive in the State of Florida. In order to contest that suspension, the driver must demand a formal review hearing within 10 calendar days of the arrest.
If the underage driver took the breath test and blew over the 0.02 the following administrative suspensions could occur:
- First Offense: Six (6) month suspension; or
- Second or Subsequent Offense: Twelve (12) month suspension.
In a "zero tolerance" DUI case involving a driver under 21, the following administrative suspensions could occur:
- First Refusal Offense: Twelve (12) month suspension; or
- Second or Subsequent Offense: Eighteen (18) month suspension.
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Enhanced Penalties for Any Blow Over 0.05
Although an adult can take a breath test with a reading of more than .05 but less than 0.8 without any presumption of impairment, the same can not be said in cases involving an underage driver. Any blow of .05 or higher will result in enhanced penalties being imposed if the young person is convicted, including a rule that the "hard period" of the driver's license suspension stay in place until AFTER the young person completes DUI school.
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The Law Offices of Don Pumphrey, Jr. | Tallahassee Underage DUI Defense Lawyer
Call an experienced criminal defense attorney at the Law Offices of Don Pumphrey, Jr., to discuss the circumstances of your case today. Our attorneys fight DUI charges in Tallahassee, Leon County and the entire Second Judicial Circuit, which also includes Quincy in Gadsden County, Crawfordville in Wakulla County, Monticello in Jefferson County, and Bristol in Liberty County, Florida.