Understanding the Different Penalties
Penalties for Underage DUI
The penalties for being convicted of a DUI before 21 are both immediate and long-term. Fines, license suspension and regulations are more severe because of the nature of the crime. Not only is there a violation of driving standards, but the individual found guilty of underage DUI was also violating alcohol consumption laws while driving under the influence. For this reason, Florida law enforcement takes this offense very seriously. While penalties vary based on the actual BAC level recorded and the age of the individual, penalties for both adults and minors under the age of 21 are more serious than those drinking at a legal age.
General Penalties for DUI under 21
A person under 21 found with a BAC of more than 0.02% will have their driver's license suspended for at least 6 months for a first offense. For a second offense, the license will be suspended for at least one year. If the test revealed a BAC of 0.05 or more, the license will be suspended indefinitely until the individual has completed the court-ordered substance abuse course and passed the evaluation.
For persons under the age of 19, the results of the substance abuse evaluation will be released to their parents or legal guardian. If the person fails the evaluation, their license will remain suspended until they pass.
In the event that an individual under the legal age is suspected of DUI refuses to take a breath or blood test to reveal BAC, their license will be automatically suspended for one year. If the individual had refused such a test once before, their license will be suspended for 18 months by default. Adults between the age of 18 and 21 who are charged with DUI are subject to being tried as adults for the offense.
This means that they will face penalties at the level of an adult including harsh fines, jail time served, the installation of an ignition interlock device and other various sanctions. For those whose license has been suspended for a DUI related charge, driving with a suspended license can result in automatic conviction of a misdemeanor or felony which will be accompanied by additional penalties.
Juvenile Penalties for DUI under 21
DUI involving an individual under the age of 18 will be processed as a juvenile offense. In addition to the aforementioned penalties for underage DUI, minors convicted of DUI will be subject to admittance into an addictions receiving facility in the county where they were arrested. While they will not be tried as adults in most cases, minors convicted of DUI will face sentences including time served in juvenile hall, fines for court and traffic courses. A juvenile conviction for DUI can significantly affect an individual's chances for future scholarships, college admittance and employment. While DUI convictions typically result in some sort of increase in insurance premiums for adults over the legal age, minors convicted of DUI usually experience an increase of up to $8000 for the time the points are relevant.
If you or a loved one has been charged with an underage DUI charge, contact our firm for a free consultation.