What to Know About Underage DUI Arrests

July 28, 2022 4:19 pm
Written by admingl
Categories: Arrested | Crimes | Drinking & Driving | DUI | Jail | Legal Advice | Police

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.

Tags: BAC, Florida Statute 322.2616, Underage

Categorized in: Arrested, Crimes, Drinking & Driving, DUI, Jail, Legal Advice, Police

This post was written by: admingl

Brevard County, Florida Lawyer

Many of the clients that we represent for criminal charges in Brevard County have no prior criminal record. Certain professions require special state or federal certification such as doctors, lawyers, nurses, private and public school teachers, state and federal law enforcement officers and members of the military. Individuals in these professions face special challenges after an arrest and prosecution.

Even if the charges are ultimately dropped, those indirect consequences can have a huge impact on the individual's career and future employment opportunities. Similar problems impact individuals working as defense contractors or who are required to carry a firearm or use a concealed weapons permit for their employment.

Even high school and college students can face serious immediate consequences to their education after an arrest or criminal accusation. Our criminal defense attorneys work with these individuals to minimize both the direct and indirect consequences of an arrest and prosecution. We work with clients throughout Palm Bay, Rockledge, Titusville, Cocoa, West Melbourne, Indian Harbour Beach, and nearby areas.

The Florida criminal defense team at Germain Legal will zealously fight for their clients. We take an aggressive approach coupled with a meticulous attention to detail. We believe that by filing and litigating all viable motions we can often negotiate a better resolutions to the case or force the prosecutor to drop the charges. Florida law provides for important protections by filing motions to exclude evidence, motions to suppress statements, and motions to dismiss criminal charges.