Zero Tolerance DUI (Juvenile or Under Age 21)

Tampa Juvenile DUI Attorney

When a young person comsumes alcohol or drugs and then drives a vehicle, serious life changing consequences can occur. Florida has enacted a "zero tolerance" policy for any person under the age of twenty-one (21) who is charged or prosecuted for driving under the influence of drugs or alcohol (DUI).

The Tampa DUI Lawyers at the Sammis Law Firm are experienced in representing young people charged with drunk driving throughout Hillsborough County, including Tampa and Plant City, Florida. Call 813-250-0500 to discuss your DUI case involving a juvenile or person under the age of twenty-one (21) with an experienced DUI Lawyer today.

Our experience with young people charged with DUI in Tampa, FL

Attorney Leslie Sammis has more than 10 years experience representing young people charged with drunk driving offenses. Ms. Sammis started her career as an assistant public defender in Florida where worked in misdemeanor, felony and juvenile divisions. After entering private practice more than eight years ago and then founding the Sammis Law Firm, Ms. Sammis has continued to represent young people charged with DUI in Tampa FL.

For juveniles or people under the age of 21 charged with DUI it is particularly important to contact a DUI lawyer as soon after the arrest as possible so that all avenues of attack are available which can often lead to obtaining the best results.

The 10 Day Rule to Fight the Administrative Suspension

After a person under the age fo 21 is arrested for DUI, the officer is required to take the young person's Florida driver license and issue a temporary driving permit (assuming he is otherwise eligible) which is valid for only 10 days after the DUI arrest.

For many individuals charged with DUI who are under 21, they must rely on their parents to hire them an attorney. Many parents are shock by their child's conduct and intent to impose their own restrictions on the young person's ability to drive especially when the parent is paying for the vehicle and automobile insurance. However, parents should keep in mind the importance of fighting the administrative suspension even in those cases in which the young person will not be driving after the arrest.

The formal review hearing with the Bureau of Administrative Reviews with the Florida Department of Highway Safety and Motor Vehicles (DHSMV) in Hillsborough County is one of the most important parts of the case. All of the witnesses in the case can be required to attend and questioned under oath by the young person's Tampa DUI attorney.

Florida's "Zero tolerance" Legal Limit of .02

For juveniles and young people under the age of 21 charged with DUI, Florida has enacted a zero tolerance legal limit of .02. For underaged DUI cases in Tampa, FL, this legal limit means that even one drink can put the driver over the legal limit.

A young person charged with DUI in Tampa, HIllsborough County, FL can face severe sanctions including jail time or incarceration, probation, fines, court costs, community service hours, a driver's license suspension. The indirect consequences can be even more expensive, including an increase in insurance premiums that can last for more than 5 years after the conviction. Perhaps most importantly, the DUI conviction can limit the young person's future employment and educational opportunities.

Fighting the Florida Administrative Suspension for Juvenile DUI or DUI under age 21

Under Section 322.2616 of the Florida Statutes, a DUI officer in Hillsborough County, FL, can request that any juvenile or under aged 21 driver submit to a breath test, urine test, or blood test if the DUI officer has probable cause to believe the driver is impaired by alcohol or drugs (or even if the officer believes that the driver might have a blood alcohol content of a .02). Simply smelling alcohol on the driver's breath after a DUI stop is often sufficient for probable cause of a juvenile or under age 21 driver.

If the young person declines the DUI officer's request for a chemical test, or if the breath test reading is over .02 then an automatic administrative suspension will occur unless a demand for an administrative suspension is requested to invalidate the suspension. That request for a formal review hearing must be made in writting within the 10 days after the arrest of the under age 21 driver in Tampa, FL.

If no request is made following the DUI arrest or if the driver's does not prevail after the formal review hearing to invalidate the administrative suspension, then the following suspension will occur for any person under the age of 21 who took the breath test and blew over the .02 legal limit:

• First under age 21 DUI Suspension: Six (6) months; or
• Second or subsequent under age 21 DUI suspension: Twelve (12) months.

If the underaged driver refused to take a breath, blood or urine test following the arrest for DUI, then the following administrative suspension will occur if the individual does not prevail at the formal review hearing to invalidate the suspension:

• First under age 21 DUI Suspension: Twelve (12) months;
• Second or Subsequent under age 21 DUI Suspension: Eighteen (18) months.

In certain DUI cases, the juvenile or under age 21 driver will take the breath test and blow over .05. With that higher reading comes additional punishments including a requirement that the driver's license suspension remains in effect until the driver completes an substance abuse evaluation and treatment course as part of the DUI School requirement.

During those ten (10) days, the juvenile or driver under 21 should file for a formal review hearing to attack the administrative suspension of the driver's license. At the hearing the Tampa DUI Juvenile Attorney can subpoena and cross-examine witnesses and explore possible defenses that can be used to fight the charges in the criminal case.

Contact an experienced Juvenile Defense Attorney at the Sammis Law Firm to discuss ways to protect yourself against this serious accusation today. Call 813-250-0500 to speak with one of our experienced and aggressive DUI defense lawyers.

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DUI Enforcement Program for Juveniles and Person's Under the Age of 21 - this website provides statistics on the problem of underaged drinking and driving, juvenile DUI studies, and enforcement options used by law enforcement to address this serious problem of underaged drunk and drugged driving.

DUI Driver's License Suspension for Person Under 21 Years of Age - Read Florida Statute Section 322.2616 which provides for the mechanism to suspend the driver license of the juvenile or under age 21 driver accused of DUI in Tampa, Hillsborough County and throughout the State of Florida.

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