Musca Law Juvenile DUI

The phone rings.  You answer.   A familiar voice speaks into the other end of the line. "Mom?" "Dad?"  But you never expected to hear the next three words.  "I'm in jail." 

            Kids make mistakes.  But parents are never prepared for the news that their child was arrested for driving under the influence of alcohol or drugs.  You may feel consumed with anger, shock or worry.  One of your initial concerns is likely "what could happen to my child" or "what are the penalties?"

            Florida DUI penalties are severe and carry life-long consequences for juveniles and young adults.  In fact, Florida law maintains a "zero tolerance" policy for juveniles and adults under the age of 21 who drink and drive.  What does zero tolerance mean for you or your child?  The State of Florida prosecutes juveniles (minor children under the age of 18) who are arrested and charged with DUI as adult offenders.  This means that juveniles charged with DUI are prosecuted in adult court and face adult penalties.

            Musca Law DUI defense attorneys understand that a juvenile DUI conviction is life-altering.  If you or your child was arrested for DUI, contact the experienced DUI defense attorneys at Musca Law as soon as possible.  The clock is ticking - your child's driver's license will be suspended within 10 days after the DUI arrest.  You need an experienced Jacksonville FL DUI lawyer to navigate the legal system and develop the best defense for your case. 

Elements of Juvenile DUI
The key distinction between DUI over the age of 21 and DUI under the age of 21 is the legal blood- or breath-alcohol level.  For drivers under the age of 21, the law is clear--one drink is one too many.  Florida law states that it is unlawful for a person under the age of 21 who has a blood- or breath-alcohol level of 0.02 or higher to drive or be in actual physical control of a motor vehicle.  Fla. Stat. § 322.3616(1)(a).  In contrast, drivers over 21 years of age may not drive with a breath- or blood-alcohol level or 0.08 or higher.

            To prove the crime of Driving Under the Influence, the State must prove the following two elements beyond a reasonable doubt:

1. Defendant drove or was in actual physical control of a vehicle.
2. While driving or in actual physical control of a vehicle, defendant
   1. was under the influence of (alcoholic beverages) (a chemical substance) (a controlled substance) to the extent that his or her normal faculties were impaired.

      and/or

   2. had a (blood) (breath)-alcohol level of .08 (.02 for a person under the age of 21) or more grams of alcohol per 100 milliliters of blood or 210 liters of breath.

For more information on DUI, please visit the DUI Overview section on the Musca Law site.

Penalties of Juvenile DUI
DUI arrest triggers two different cases presented against you:  (1) an administrative case and (2) a criminal case.  The administrative case is a civil matter pursued by the Florida Department of Motor Vehicles.  In contrast, the criminal case is prosecuted by the Office of the State Attorney.

Administrative Penalties
The administrative case begins immediately following arrest.  If you are arrested for DUI, the Florida Department of Motor Vehicles will seek to suspend your license regardless of whether you are prosecuted or convicted in a criminal case.  Generally, you will have 10 days from the time of your arrest to continue to drive before your administrative suspension is effective.  In order to protect your driving privileges, within 10 days from the date of your arrest, you must request an informal review or formal review hearing.  While you are awaiting the date of your formal review hearing, you will likely receive a temporary driving permit.  If you do not request a formal review hearing or if you lose the hearing, you will face the following administrative penalties:

• First suspension for driving any type of motor vehicle while under the age of 21 with a breath- or blood-alcohol level of 0.02 or higher:  6-month driver's license suspension
• Second or subsequent suspension for driving while under the age of 21 with a breath- or blood-alcohol level of 0.02 or greater:  one-year driver's license suspension
• First suspension for refusal to submit to breath, blood or urine test:  one-year driver's license suspension
• Second or subsequent suspension for refusal to submit to test:  18-month driver's license suspension

            Musca Law DUI attorneys are prepared to represent you at each stage of administrative (Florida Department of Motor Vehicles) proceedings.  Remember, while the formal review hearing is separate from your criminal case, your attorney may gain important evidence during the hearing which may help develop the defense of your criminal case.

For more information on formal review hearings and penalties, please visit the Formal Review Hearing section on the Musca Law site.

Criminal Penalties
If the State of Florida (prosecution) successfully proves that you committed the crime of DUI, you will face tough penalties.  The minimum and maximum penalties for a first DUI conviction are as follows:

            For a more complete explanation of Florida DUI penalties, please visit the DUI Penalties section on the Musca Law site.

 The Effect of a DUI Conviction on Your Future
In Florida, all DUI convictions require an adjudication of guilt.  In other words, if you are convicted of DUI, you will have a criminal record.  A DUI conviction cannot be expunged.  Finally, a DUI conviction may prevent you from pursuing many educational or career paths. 

Hire an Experienced Florida DUI Attorney
If you are convicted of DUI, you will have a permanent criminal record - even if you are under the age of 18.  An experienced DUI attorney will provide you with the best chance of reducing your charges or completely avoiding a conviction.  For more information on juvenile DUI procedures and penalties in Florida, or if you or your child was arrested for DUI, please schedule a free, confidential consultation with an experienced Musca Law criminal defense attorney.  Contact Musca Law 24/7 by calling 1-800-MUSCA-LAW (1-800-687-2252).