Underage DUI Attorney in Coral Gables

Zero Tolerance vs. Standard DUI for Drivers Under 21

Florida handles underage drinking and driving under two separate standards. Under the state’s zero-tolerance law (Fla. Stat. § 322.2616), a driver under 21 with a blood-alcohol or breath-alcohol concentration (BAC) of 0.02% or higher can receive an administrative license suspension. That suspension doesn’t necessarily result in criminal charges.

Young drivers can also face standard DUI prosecution. If the evidence indicates a BAC of 0.08% or higher, or impairment of normal faculties by drugs or alcohol, the state may prosecute the case under Fla. Stat. § 316.193. A conviction can carry criminal penalties, including fines, probation, license consequences, and possible incarceration.

We defend young drivers in both proceedings, but we don’t treat them as the same case. An FLHSMV administrative suspension involves different issues from a criminal prosecution. If a criminal charge is filed, the driver’s age and case circumstances can affect whether the matter proceeds in Miami-Dade County Court or under Miami-Dade Juvenile Court procedures.

Under-21 License Suspensions & the 10-Day Deadline

If a driver under 21 has a BAC of 0.02% or higher, the officer may take the driver’s license and issue a notice of suspension with a temporary driving permit. A first violation under the under-21 provision carries a six-month suspension, while a subsequent violation under that provision carries a one-year suspension. This administrative violation isn’t necessarily the same as a first DUI violation prosecuted under standard DUI law.

The driver has 10 days after the notice is issued to request a formal or informal review by the Department of Highway Safety and Motor Vehicles (DHSMV). A formal review hearing allows evidence and legal issues supporting the suspension to be contested. Missing the deadline can substantially limit the available administrative review options.

Refusing a lawful breath test raises separate consequences. A first refusal can result in a one-year suspension, while a subsequent refusal can result in an 18-month suspension. A BAC of 0.05% or higher can also trigger substance-abuse-course requirements before reinstatement under the under-21 statute. We represent clients in FLHSMV formal review hearings and evaluate which rules apply to the specific notice.

Evidence in an Underage DUI Case

A low BAC reading doesn’t eliminate the need to examine how law enforcement obtained and documented the evidence. Attorney Blecher’s membership in the National College for DUI Defense (NCDD) informs a detailed review of the stop, testing process, device records, and officer observations.

Our evidentiary review can address:

• Testing procedures. We examine collection timing, operator compliance, observation periods, and the documentation accompanying breath or blood evidence.
• Device records. Calibration, inspection, maintenance, and repair records may identify issues that affect the reliability or admissibility of a reported result.
• Probable cause. Officers need a lawful basis for the traffic stop and sufficient legal grounds for testing or arrest. Late-night driving alone doesn’t establish impairment.
• Field observations. We compare reports and recordings with the instructions, conditions, and actual performance during field sobriety exercises.

Educational, Employment & Family Consequences

The consequences of an underage DUI extend beyond fines and a suspended license. For high school and university students, an arrest can trigger academic concerns, but the effect depends on the charge, disposition, and the institution’s policies. Students attending the University of Miami or another school should review applicable conduct and disclosure requirements before making statements about the case.

A zero-tolerance suspension or criminal DUI charge can create concerns involving:

• Disciplinary proceedings
• College applications
• Scholarships
• Campus housing
• Employment
• Insurance
• Transportation
• Family finances

None of these consequences is automatic. They depend on the driver’s age, the school or employer’s rules, and what ultimately appears in the driving and court records.

We help families separate the administrative license matter from the criminal case and identify the decisions each proceeding requires. That review can also clarify what the young driver may need to disclose to a school or employer.