Under Florida Statutes Section 322.2616, law enforcement officers are allowed to test any underage individual suspected of alcohol use, regardless of whether or not a guardian or parent is present.
Any individual under the age of 21 found to have a blood alcohol concentration greater than 0.02 is immediately issued a hard license suspension for 30 days. This is followed by a six-month suspension with an option to obtain a license for business purposes only. Any individual under the age of 21 that refuses to take a breath test will have their license suspended for 1-year.
Persons under 21 with a BAC of over 0.05 will also be required to complete DUI school, alcohol evaluation, and counseling.
Can a Child Who Is Under 18 Be Taken to Jail On DUI Charges In Florida?
Any person under the age of 18 arrested for DUI charges in Florida will be held in a Florida jail for 8 hours, or until they are re-tested and fall below a BAC of 0.02. After such time they will be released on bond or to their parents/guardians.
Does the Implied Consent Law Apply to Drivers Under the Age of 21 in Florida?
Yes, this law applies equally to those under and over 21 years of age.
The Consequences of an Underage DUI in Florida
Florida laws don’t discriminate when it comes to driving under the influence. Both those under and over the age of 21 face serious consequences including but not limited to potential jail time, costly fines, criminal records, and more.
