It is illegal for someone 21 years of age or older to drive a vehicle while having a BAC above .08% or being under the influence of alcoholic beverages or a chemical substance to the extent that your normal faculties are impaired. That is not the case for someone under the age of 21. It is illegal for someone under the age of 21 to consume alcohol and it is also illegal for someone under the age of 21 to drive a motor vehicle if their BAC is .02% or higher. The BAC level for an underage driver is significantly lower than that of a 21 year or older individual.
Under 21 DUI Penalties
If you blow a .02% or higher, your license will be suspended for 6 months for a first violation, or for a period of 1 year if your driving privilege has previously been suspended for underage DUI. If you blow a .05% or higher, the suspension shall remain in effect until you complete a substance abuse course offered by a licensed DUI program. If you fail to complete the substance abuse course and evaluation, your driver’s license will not be reinstated. If you blow a .08% or higher, you face the same penalties as if you were over the age of 21. Those penalties include: $500-$1,000 fine, driver’s license suspension of 6 months to 1 year, 10 day vehicle impound, DUI School, 50 hours of community service, and incarceration in county jail up to 6 months.If you refuse to provide a breath sample, your license will be suspended for 1 year or for 18 months if your driving privilege has been previously suspended as a result of a refusal to submit to a breath test.
You will be issues a 10 day temporary permit to drive until you can request a formal administrative hearing for a reinstatement or for a hardship license. You may request a hardship license if you are eligible but that hardship license will not be issued until 30 days have lapsed after the expiration of the last temporary permit that was issued.
Under 18 DUI Penalties
Minors with BAC of .02% or more may be taken by a law enforcement officer to the addictions receiving facility in the county in which the minor is found to be driving, if the county makes the addictions receiving facility available for such purposes. F.S. 322.2616(2)(d). Minors who are charged with DUI also face substance abuse treatment and a 6 month license suspension.
Given the serious impacts that a DUI can have on you or your loved one, you need to hire an experienced and knowledgeable criminal defense attorney immediately if you or a loved one has been charged with a DUI. Call an attorney at KJ LAW today to discuss your case and legal remedies.
Categorised in: DUI Lawyer