In Florida, people under the age of 21 who drink and drive cause proportionately more fatal car accidents than intoxicated drivers over the age of 21. The state has a zero tolerance policy for underage drunk driving. While the legal blood alcohol content (BAC) for a person over 21 is 0.08 percent, drivers under age 21 can only have a BAC of 0.02 percent before they face driving under the influence (DUI) charges. A person may reach this limit with only one drink.
A conviction can change the course of your life, so you need the best criminal defense representation to protect your future. If you or your child is under age 21 and has been charged with DUI in Palm Beach County, Florida, contact an experienced, aggressive criminal defense attorney at Noble Law.
DUI Arrest Procedures in Florida
A DUI charge begins when a law enforcement officer has probable cause to believe that the driver of a motor vehicle is impaired. First, the officer looks for a reason to pull a vehicle over, then he looks for signs of impaired driving. If there are signs, then a test may be employed to confirm illegal intoxication. If the officer has probable cause to arrest the driver, he or she will be arrested on DUI charges or another related charge.
Reasons to Initiate a Traffic Stop
- Straddling two traffic lanes
- Weaving
- Repeated braking
- Driving too slow
- Swerving
- Turning with a wide radius
- Varying speed
- Following another vehicle too closely
- Driving somewhere other than a designated roadway
- Driving without headlights at night
- Failure to use turn signal, or using a turn signal when not making a turn or changing lanes
After the initial traffic stop, or as a result of another incident, such as a minor traffic accident, an officer may look for other signs of impairment.
Signs of Impairment
- Difficulty operating the motor vehicle's controls
- Difficulty exiting the vehicle
- Fumbling with objects, like driver's license, registration, or insurance cards
- Repeating the officer's questions
- Slow to respond with answers
- Slurred speech
- Leaning on the vehicle
- Balance problems
- Swaying
- Alcohol odor
Field Sobriety Tests
When a police officer has a vehicle stopped and has probable cause to believe that the driver is impaired, he will ask the driver to perform Field Sobriety Tests (FST). Any video recordings of FST are admissible as evidence in court. The three standard FST used by law enforcement agencies across the country are:
- Horizontal Gaze Nystagmus,
- Walk and Turn, and
- One-Leg Stand.
If the driver has physical limitations that prevent him from performing one of the standard tests, Florida law enforcement agencies may use other unstandardized tests, like:
- Finger to Nose Test,
- Romberg Alphabet Test, or
- Counting Test.
It is important to understand that Florida drivers do not have to submit to FST.
Interpreting the results of FST is subjective, based on the officer's training, perceptions, and opinions. The officer may incorrectly identify the driver as impaired if they did not have comprehensive, up-to-date training; did not correctly administer the tests, or inappropriately graded the tests.
DUI Arrest in Florida
If the law enforcement officer believes the driver is impaired, the driver is arrested for DUI and transported to a detention center.
At the detention center, the law enforcement officer may request that the driver take a Breathalyzer test to calculate BAC after a 20 minute holding period. Refusing the breathalyzer test results in driver's license suspension for up to 18 months. A driver under age 21 who blows 0.02 percent BAC or higher, or a driver over age 21 who blows 0.08 percent BAC or higher, is over the legal limit.
Contact a criminal defense attorney from Noble Law as soon as possible after your or your child's arrest.
Penalties for DUI Minor in Florida
The penalties for DUI for drivers under 21 years of age varies based on the driver's age, the number of previous convictions, and BAC. Drivers between the ages of 18 and 21 face adult penalties.
- First Offense: Misdemeanor. Up to six months in jail; fines up to $1,000; vehicle impound for ten days; license suspension for up to one year; community service up to 50 hours.
- First Offense BAC Over 0.15 Percent: Misdemeanor. Up to nine months in jail; fines up to $2,000; vehicle impound for ten days; license suspension for up to one year; six months ignition interlock; 50 hours community service.
- Second Offense Outside of Five Years: Misdemeanor. Up to nine months in jail; fines up to $2,000; vehicle impound for 10 days; license suspension up to one year; one-year ignition interlock.
- Second Offense Outside of Five Years BAC Over 0.15 Percent: Misdemeanor. Up to one year in jail; fines up to $4,000; vehicle impound for ten days; license suspension for five years to life; one-year ignition interlock.
- Second Offense Within Five Years: Misdemeanor. Up to one year in jail; fines up to $2,000; vehicle impound for 30 days; license suspension five years to revocation; one-year ignition interlock.
- Second Offense Within Five Years BAC Over 0.15 Percent: Misdemeanor. Up to one year in jail; fines up to $4,000; vehicle impound for 30 days; license suspension five years to revocation; one-year ignition interlock.
- Third Offense Outside of Ten Years With Any BAC: Misdemeanor. Up to one year in jail; fines up to $4,000; vehicle impound for 10 days; license suspension up to one year; two years ignition interlock.
- Third Offense Within Ten Years With Any BAC: Felony. Up to five years in prison; fines up to $5,000; vehicle impound for 90 days; license suspension ten years to revocation; two years ignition interlock.
- Fourth or Subsequent Offenses: Felony. Up to five years in prison; fines up to $5,000; vehicle impound for 90 days; driver's license revocation; two years ignition interlock.
- DUI With Serious Bodily Injury: Felony. Up to five years in prison; fines up to $5,000; vehicle impound for ten days; license suspension three years to revocation.
- DUI Manslaughter: Felony. Up to 15 years in prison; fines up to $15,000; vehicle impound for ten days; driver's license revocation.
The first 30 days of driver's license suspension after a DUI are a "hard suspension," and the driver may not drive for any reason. This begins immediately after the arrest. After 30 days, the driver may apply for a "hardship license" which allows them to drive for business or employment purposes only. Additionally, the driver's criminal defense attorney may request a 42-day permit so that the driver can legally drive while the attorney fights the DUI charge.
Juveniles, DUI & License Suspension in Florida
Drivers under age 18 are charged as juveniles for DUI.
For a first offense, juvenile drivers with BAC between 0.02 percent and 0.05 percent will have their driver's license suspended for at least six months if convicted. For a second offense, their driver's license will be suspended for at least one year. The judge may sentence them to probation and/or community service.
Juveniles driver with a BAC over 0.05 percent has their driver's license is suspended until the driver completes a court-ordered substance abuse evaluation if convicted. If the driver is under age 19, the driver's parent/legal guardian receives a copy of the substance abuse evaluation.
Additional penalties for juveniles include time in a juvenile detention center, court-ordered traffic courses, loss of higher education financial aid, and, in some cases, loss of employment. Juveniles convicted of DUI also face significantly higher insurance premiums or their insurance company may drop them.
Any driver under age 21 who refuses a blood or breath alcohol test has his or her driver's license suspended for one year, with a 90-day hard suspension. The second or subsequent refusal to take a blood or breath alcohol test results in an 18-month hard suspension and the driver may not apply for a hardship license.
Effects of Alcohol on Minors
Florida takes underage DUI very seriously because even one drink seriously impairs a young driver's ability to safely operate a motor vehicle. Alcohol affects a person's pre-frontal cortex -- the part of the brain used in decision making. This part of the brain does not mature until a person reaches age 25, so alcohol use has profound, immediate effects on a young driver's ability to safely operate a vehicle.
The National Institute of Health defines "one drink" as a beverage containing 14 grams of pure alcohol. This is the amount found in 12 ounces of regular beer with five percent alcohol content, five ounces of wine with 12 percent alcohol content, or 1.5 ounces of distilled spirits with 40 percent alcohol content.
One drink results in a BAC of 0.02 percent. Drivers under age 21 with this BAC may experience:
- a loss of visual function when tracking a moving object,
- reduced ability to perform two tasks at the same time, and
- impaired judgment.
Slightly more than two drinks results in a BAC of 0.05 percent. At this BAC, young drivers have:
- less coordination,
- exaggerated movements, and
- lowered inhibitions.
At the legal BAC for adults, 0.08 percent, alcohol noticeably affects young driver's vision, balance, speech, concentration, and reaction time. Their ability to reason, detect danger, and maintain self-control are impaired.
Seven to eight drinks result in a BAC of 0.15 percent, almost twice the legal limit for adults. At this BAC, young drivers' reaction times and judgments significantly deteriorate. They have a major loss of balance and coordination as well as extremely lowered inhibitions.
These effects make operating a motor vehicle while under the influence of alcohol very dangerous.
Defenses to DUI Minor in Florida
Just because you or your child was cited for DUI does not mean you are guilty. Here are some circumstances or defenses your child may have.
Unlawful Traffic Stop
A law enforcement officer must have a valid reason to stop your vehicle. If they did not have a valid reason, your attorney can challenge the stop, which may lead to dismissing the DUI charge. The law enforcement officer must also have probable cause to make an arrest for DUI, or your attorney can challenge the arrest. Additionally, Florida law only allows the officer who witnessed your driving to make the arrest unless they have a valid warrant. If another officer arrests the driver, this is not legal evidence gathering, and your attorney can file a motion to have that evidence suppressed.
Violation of Miranda Warning
After an arrest, when the driver is in custody being interrogated by a law enforcement officer, the driver must be given their Miranda warning. Your attorney may be able to have statements made before you were given the Miranda warning suppressed.
Inaccuracies, Misadministration, or Other Problems with Field Sobriety Tests, Breath Tests, or Blood Tests
The law enforcement officer must follow a very specific procedure when administering the Breathalyzer test. The law enforcement officer who administers the test must be certified and the machine must be calibrated or the test is not valid. They must wait 20 minutes before administering the Breathalyzer test to ensure that you did not eat, drink, or regurgitate anything.
Your driver's license is suspended if you refuse the Breathalyzer test, but Florida law requires the law enforcement officer to inform you that your license will be suspended if you fail to submit to a lawful breath, blood, or urine test. If the law enforcement officer did not give you this warning or failed to read the implied consent correctly, your attorney could have your refusal thrown out.
Medical issues may lead to false positives in FST or Breathalyzer tests. Taking the Breathalyzer test when you have a fever can make the results artificially high. Combined with red, watery eyes from allergies or the common cold, the officer may have incorrectly interpreted your symptoms as DUI. You may appear to be driving under the influence if you are driving while exhausted or if you have a medical condition such as diabetes, vertigo, narcolepsy, and epilepsy.
Further, FSTs, breath tests, and blood tests may be administered improperly. Breath and blood samples may be handled improperly, leading to errors in the testing or qualifying for exclusion from evidence. An attorney with both the knowledge of the law and the scientific-technical capabilities to recognize errors or problems with DWI tests can lead to dismissal of the charges or acquittal at trial when facts and circumstances render it.
Aggressive Minor DUI Representation in Palm Beach County, Florida
Are you or your child under age 21 and have been charged with DUI in Florida? A DUI can have serious, long-lasting consequences on your life, so you need aggressive legal representation to protect your future. Criminal defense attorney Jacob Noble fights to protect your rights and your freedom. He understands that Florida takes DUI charges seriously, but that just because you are charged with DUI does not mean you are guilty. He will build the strongest defense on your behalf.
If you or your child has been charged with DUI in Palm Beach County, Florida, contact Noble Law today at (561) 847-7095.