Underage DUI

Zero Tolerance Underage DUI Driver Under 21 BAC > .02

Zero Tolerance for Underage DUI

Florida Statutes have zero tolerance for Underage DUI. The National Highway Traffic Safety Administration Fatality Analysis Reporting System says 21% of male teen drivers involved in fatal crashes were drinking (with 0.01g/dL Breath Alcohol Concentration and above). The driver under 21 years old will have consequences with the Courts, the administration of the Florida Department of Highway Safety and Motor Vehicles Bureau of Drivers Licenses, their car insurance companies, their school (for violating the code of conduct), and some jobs. This is a momentous situation. “He Answers The Phone” call at 813-222-2220

Are Portable Alcohol Breath Testing Device Valid On Underage Drivers?

Yes. Florida Statute 322.2616, provides that drivers with DUI Under 21 (Twenty-One). Portable Alcohol Breath Testing Device reading is admissible as evidence in any administrative hearing. Casey Ebsary helps “Like A Savior” at 813-222-2220

DUI Court Consequence
DUI Court Consequence

Consequences With Courts

With a BAC over a 0.08, many Underage DUI drivers have the same issues as any other person charged with a DUI.

Florida Statutes Title XXXIV. Alcoholic Beverages and Tobacco § 562.11

(1)(a)1. A person may not sell, give, serve, or permit to be served alcoholic beverages to a person under 21 years of age or permit a person under 21 years of age to consume such beverages on the licensed premises. A person who violates this subparagraph commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. A person who violates this subparagraph a second or subsequent time within 1 year after a prior conviction commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

  • 2. In addition to any other penalty imposed for a violation of subparagraph 1., the court may order the Department of Highway Safety and Motor Vehicles to withhold the issuance of, or suspend or revoke, the driver license or driving privilege, as provided in s. 322.057, of any person who violates subparagraph 1. This subparagraph does not apply to a licensee, as defined in s. 561.01, who violates subparagraph 1. while acting within the scope of his or her license or an employee or agent of a licensee, as defined in s. 561.01, who violates subparagraph 1. while engaged within the scope of his or her employment or agency.
  • 3. A court that withholds the issuance of, or suspends or revokes, the driver license or driving privilege of a person pursuant to subparagraph 2. may direct the Department of Highway Safety and Motor Vehicles to issue the person a license for driving privilege restricted to business purposes only, as defined in s. 322.271, if he or she is otherwise qualified.
  • (b) A licensee, or his or her or its agents, officers, servants, or employees, may not provide alcoholic beverages to a person younger than 21 years of age who is employed by the licensee except as authorized pursuant to s. 562.111 or s. 562.13, and may not permit a person younger than 21 years of age who is employed by the licensee to consume alcoholic beverages on the licensed premises or elsewhere while in the scope of employment. A licensee, or his or her or its agents, officers, servants, or employees, who violates this paragraph commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. This paragraph may be cited as “the Christopher Fugate Act.”
  • (c) A licensee who violates paragraph (a) shall have a complete defense to any civil action therefor, except for any administrative action by the division under the Beverage Law, if, at the time the alcoholic beverage was sold, given, served, or permitted to be served, the person falsely evidenced that he or she was of legal age to purchase or consume the alcoholic beverage and the appearance of the person was such that an ordinarily prudent person would believe him or her to be of legal age to purchase or consume the alcoholic beverage and if the licensee carefully checked one of the following forms of identification with respect to the person: a driver license, an identification card issued under the provisions of s. 322.051 or, if the person is physically handicapped as defined in s. 553.45(1), a comparable identification card issued by another state which indicates the person’s age, a passport, or a United States Uniformed Services identification card, and acted in good faith and in reliance upon the representation and appearance of the person in the belief that he or she was of legal age to purchase or consume the alcoholic beverage. Nothing herein shall negate any cause of action which arose prior to June 2, 1978.
  • (d) Any person charged with a violation of paragraph (a) has a complete defense if, at the time the alcoholic beverage was sold, given, served, or permitted to be served:
  • 1. The buyer or recipient falsely evidenced that he or she was 21 years of age or older;
  • 2. The appearance of the buyer or recipient was such that a prudent person would believe the buyer or recipient to be 21 years of age or older; and
  • 3. Such person carefully checked a driver license or an identification card issued by this state or another state of the United States, a passport, or a United States Uniformed Services identification card presented by the buyer or recipient and acted in good faith and in reliance upon the representation and appearance of the buyer or recipient in the belief that the buyer or recipient was 21 years of age or older.

“Best Criminal Defense” of Underage DUI of College & University Students call 813-222-2220

(2) It is unlawful for any person to misrepresent or misstate his or her age or the age of any other person for the purpose of inducing any licensee or his or her agents or employees to sell, give, serve, or deliver any alcoholic beverages to a person under 21 years of age, or for any person under 21 years of age to purchase or attempt to purchase alcoholic beverages.

  • (a) Anyone convicted of violating the provisions of this subsection is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
  • (b) Any person under the age of 17 years who violates such provisions shall be within the jurisdiction of the judge of the circuit court and shall be dealt with as a juvenile delinquent according to law.
  • (c) In addition to any other penalty imposed for a violation of this subsection, if a person uses a driver license or identification card issued by the Department of Highway Safety and Motor Vehicles in violation of this subsection, the court:
  • 1. May order the person to participate in public service or a community work project for a period not to exceed 40 hours; and
  • 2. Shall direct the Department of Highway Safety and Motor Vehicles to withhold issuance of, or suspend or revoke, the person’s driver license or driving privilege, as provided in s. 322.056.

(3) Any person under the age of 21 years testifying in any criminal prosecution or in any hearing before the division involving the violation by any other person of the provisions of this section may, at the discretion of the prosecuting officer, be given full and complete immunity from prosecution for any violation of law revealed in such testimony that may be or may tend to be self-incriminating, and any such person under 21 years of age so testifying, whether under subpoena or otherwise, shall be compelled to give any such testimony in such prosecution or hearing for which immunity from prosecution therefor is given.

(4) This section does not apply to a person who gives, serves, or permits to be served an alcoholic beverage to a student who is at least 18 years of age, if the alcoholic beverage is delivered as part of the student’s required curriculum at a postsecondary educational institution that is institutionally accredited by an agency recognized by the United States Department of Education and is licensed or exempt from licensure pursuant to the provisions of chapter 1005 or that is a public postsecondary education institution; if the student is enrolled in the college and is required to taste alcoholic beverages that are provided only for instructional purposes during classes conducted under the supervision of authorized instructional personnel pursuant to such a curriculum; if the alcoholic beverages are never offered for consumption or imbibed by such a student and at all times remain in the possession and control of such instructional personnel, who must be 21 years of age or older; and if each participating student executes a waiver and consent in favor of the state and indemnifies the state and holds it harmless.

For underage DUI Hillsborough and Underage DUI Pinellas charges, call 813-222-2220, if anyone can get “Charges Dropped … Warrant Canceled” W.F. “Casey” Ebsary, Jr can.

DUI DHSMV Consequence
DUI DHSMV Consequence

Consequences With DHSMV Administrative

The administrative driving privilege suspension is completely separate from the criminal proceedings and does not reflect as a DUI on the driver’s record. Any driver under 21 years of age who is stopped by law enforcement and has a breath or blood alcohol level of .02 or higher will automatically have their driving privilege suspended for 6 months. If any driver refuses to take a DUI test, their driving privilege is automatically suspended for one year.

“The RIGHT Attorney” Call 813-222-2220 and talk to an attorney who has been at court for 100s of DUIs

DUI Insurance Consequence
DUI Insurance Consequence

Consequences With Auto Insurance

Auto Insurance Center an industry news website has valuable information. As many as half of auto insurance companies will not offer coverage or will discontinue coverage of a minor with a DUI. A family policy with an underage DUI will likely double or triple the cost. A teen’s own already expensive policy, sometimes $500 monthly will easily increase to $800 monthly. The Zebra an auto insurance comparison/shopping website states that on average a DUI increases insurance rates 50%. The average Florida insurance rates are $1878.19 with no DUI. The average Florida insurance rate with a DUI is $2833.59. The DUI will continue to affect these costs for 5 years.

“DUI Dropped” Call an expert attorney at 813-222-2220

DUI Schools Consequence
DUI Schools Consequence

Consequences With Schools

Many schools have clauses in the Code of Conduct that allow the school to administer disciplinary procedures even when the courts have dropped the case. Hillsborough County Code of Conduct states that a student arrested or charged “may be suspended from extracurricular activities and/or excluded from school.” University of South Florida Code of Conduct states “referral to the student judicial process” for students who had a Breath Alcohol Level of .02 or higher. University of Tampa Code of Conduct actually specifies that it does not allow “[p]ossessing, consuming or being under the influence of alcoholic beverages under the legal drinking age” and does not allow “[o]perating a motor vehicle while impaired by alcohol as defined under Federal and Florida law.” Students with DUI charges in Pinellas County and their parents are required to enroll in Pinellas County Schools’ drug/alcohol educational program as well as suspensions. Eckerd College Code of Conduct also prohibits underage drinking and DUI.

DUI Job Consequence
DUI Job Consequence

Consequences With Jobs

Some jobs routinely run Criminal Records Search before hiring. Many jobs require a drivers license including: truck drivers, pizza delivery, flower delivery, Lyft, Uber, newspaper delivery, automotive sales, car rental agents, car washers, cable TV installation & repair, construction, manufacturing, security, utilities and unions jobs including electricians and plumbers. Without a license it may be harder to obtain a new job or to continue at a current job. Also without a license, reliable transportation to and from the job becomes complicated, sometimes nearly impossible.

We knew a young man in Tampa without a license that lived 13.4 mi from his job. Since he had no drivers license, it took him between 1.5 – 2.5 hours on the bus each way. If he had to be at work before 7am or if he had to work after 9pm, he simply had to find another way because the buses were not running.

Many of these DUI issues are addressed in our videos library. Call an expert attorney at 813.222.2220

DUI News, Uncategorized, Underage DUI

Video – Come on Vacation Leave on Probation – Spring Break on the Suncoast –

Indian Shores Beach Police: Come on Vacation, Leave on Probation

Several colleges and universities have spring breaks that overlap this year. The University of Tampa, University of South Florida, and St. Petersburg College all are on Spring Break on the Suncoast at the same time. There are also students arriving in the Tampa Bay area from all over the country.

“seemingly minor charges can result in a 
permanent criminal record”

 


Come on Vacation Leave on Probation


 

Police are stepping up enforcement efforts while all the students are here. Many of the beach roads have very low-speed limits and strict enforcement. The police will be especially strict with all traffic laws, including speed limits. There has been a video that has been produced to put the word out that police will have a zero-tolerance policy towards some students’ activities. Do not Come on Vacation Leave on Probation. Most counties will be looking for underage drinkers and arresting them.



Previous Tampa Bay Area Spring Break Story

 

Here is a story about the types of tactics and criminal charges that police and prosecutors will use. As we previously reported, a “non-discretionary “zero tolerance” policy to encountering and arresting Spring Break visitors. Police are using fairly vague and discretionary charges, such as Disorderly Conduct Florida Statute 877.03. These seemingly minor charges can result in a permanent criminal record. “
1st Time DUI, Underage DUI

University of South Florida DUI – USF DUI

Cops on the Prowl - USF
University of South Florida DUI – 43 Cops on the Prowl – USF

University of South Florida DUI

College Students

Driving Under The Influence

At the University of South Florida, DUI conviction can have impacts beyond just staying on your driving record for the next 10 years. In addition, you can lose student financial aid including Bright Futures benefits. DUI Attorney  W.F. “Casey” Ebsary, Jr. explains University of South Florida Police (USFPD) have conducted DUI checkpoints / DUI saturation patrols since 2006. The USFPD has 43 officers. The USFPD patrol all of the campus and the areas surrounding the campus. Because the University of South Florida DUI cases have a payoff – awards. Furthermore, one DUI contest got the agency a fully loaded Chevrolet Tahoe.
Source: tampabay.com/news/education/college/crime-down-arrests-up-at-usf

 

University of South Florida DUI Police Enforcement
University of South Florida DUI Police Enforcement

Dui Defense Attorney Casey Ebsary, also notes that USF Police Department conduct Saturation Patrols on and around the Tampa, Florida campus. Another press release warned, “The University of South Florida Police Department will conduct DUI Saturation Patrols within our community on January 13, 2012.  This patrol will begin at 2:00 a.m. and end at 5:00 a.m.”

As a result, DUI enforcement by “USF Police Officers . . . use this DUI Saturation Patrol to identify impaired drivers in an effort to keep our streets safe.  Impaired drivers . . . will face arrest and prosecution.” Students caught likely will face driver’s license suspension and criminal prosecution. In addition, these students will face action by the Office of Student Rights and Responsibilities. Some issues in the Student Code of Conduct raised by a University of South Florida DUI are below.
  • “The conduct process may be initiated against a student charged with conduct that potentially violates both the criminal law and/or the Student Code of Conduct.”
  • “Students are responsible for compliance with all public laws.”
  • “Misuse or Possession of Illegal Drugs.”
  • “Misuse of Alcohol.”

A sample of Prior University of South Florida DUI Checkpoint

Sobriety Checkpoint on the USF Campus
Sobriety Checkpoint on the USF Campus

We uncovered a report of a DUI Checkpoint Roadblock on the Tampa Campus. It is “USF Police to Conduct Sobriety Checkpoint.” The University of South Florida Police Department will host a Sobriety Checkpoint on Campus on May 15, 2013, beginning at 11:00 pm. . . . [This is ] followed by a four-hour saturation patrol. During this time, USF Police Officers will seek . . . impaired drivers in an effort to keep our streets safe. So impaired drivers . . . will face arrest and prosecution. Furthermore, this operation is part of a comprehensive, collaborative approach to traffic safety by the USF Police Department. Finally, the USF Police Department has primary jurisdiction on and about property owned or controlled by the University of South Florida.

 

Aggressive Campus Cops

Someone needs to tell DUI Officer Michael Tinney about their primary jurisdiction. We have yet to defend a single DUI arrest, he made on campus. The USF Police Department awarded Officer Tinney Officer of the Year and DUI Enforcement Officer of the Year for 2012. He also received an award from Hillsborough County Mothers Against Drunk Driving (MADD) for his DUI Enforcement in 2012. Officer Tinney actively participates in all enforcement campaigns and leads the DUI Checkpoints for his squad.”  He is a DUI arrest award winner in the campus police department’s DUI arrest contest.

 

 Here is a downloadable copy of the USF DUI Checkpoint Announcement.

University of South Florida DUI – USF  News

Designated Driver Study

Designated drivers not so sober
Designated drivers not so sober

“When it comes to going out and drinking with friends, most students are capable of securing a designated driver. But according to a USF study, most of these students are putting their lives in the hands of ‘less drunk’ rather than ‘sober’ drivers.”
And “A group of public relations students, led by assistant professor Kelly Werder, conducted surveys and focus-group research for the Tampa Alcohol Coalition and found most USF students think a DUI has the same consequential impact as a speeding ticket.”   By Elise Bouchard of the USF Oracle

 

Another DUI Checkpoint Report

USF DUI Checkpoint

Casey Ebsary, a Board Certified Criminal Trial Lawyer, received a tip that there will be a DUI checkpoint on campus this weekend, July 8. The Hillsborough County Sheriff’s Office and the University of South Florida USF Police Department will conduct the sting and it will apparently be on campus. Most noteworthy these checkpoints are usually posted on the Sheriff’s website, but this one was not. Recently, we obtained a police manual for these types of checkpoints.

Source: http://brandon.patch.com/articles/dui-busting-aim-of-heightened-usf-hcso-patrols

DUI Checkpoint Video for iPhone
Previous Coverage Of State University Campus DUI

DUI Means Expulsion from the University

Got DUI – Get Expelled: “UF looks beyond campus for DUI cases – They may try to hide it from Mom and Dad, but University of Florida (UF) students caught driving drunk in Alachua County won’t be able to hide it from UF administrators. This month, UF began regularly monitoring off-campus DUI convictions. Students convicted of DUI in the county won’t just face criminal courts, they will go before UF’s Office of Student Judicial Affairs, where they could face suspension or expulsion.
Student Judicial Affairs already hears between 30 and 40 on-campus DUI cases each year. But that number will likely go up now that UF is looking beyond its borders, said Eugene Zdziarski, UF’s dean of students. First-time offenders in the system are typically suspended from school for a year, Zdziarski said. Repeat offenders, however, can face expulsion, he said.”
 
Campus of University of South Florida DUI Arrests on the Rise
“More than twice as many students were arrested for drunken driving on campus in 2005 than in 2004 because of University Police Department’s new chief and UF President Bernie Machen’s alcohol policies, University Police spokesman Lt. Joe Sharkey said. There were 111 arrests for DUIs on campus in 2005, 44 arrests in 2004 and 56 arrests in 2003, according to University Police Department crime statistics. “
DUI University of South Florida
1st Time DUI, Commercial DUI, Underage DUI

First-Time DUI Diversion

Why Start New First-Time DUI Diversion (RIDR)?

New First-Time DUI DiversionHillsborough County has consistently been ranked the worst or near the worst in Florida for DUI crashes, injuries, and fatalities. Given the dangers of impaired driving and the importance of reducing recidivism to promote long-term Community safety, the Hillsborough County State Attorney’s Office has established the reducing impaired driving recidivism initiative. The program seeks to aggressively target and reduce impaired driving by imposing enhanced sanctions like alcohol monitoring devices and DUI education programs on first-time, non-aggravated DUI offenders. This First-Time DUI Diversion program also promotes consistency in the prosecution of DUI cases by eliminating the incentive for offenders to refuse to provide a breath sample during the investigation.

Who Is Eligible for First-Time DUI Diversion Program?

To be eligible for the First-Time DUI Diversion program, first, the case must be a misdemeanor DUI. There can be no children in the vehicle. Also, the breath alcohol concentration must be below .200% and there cannot have been a crash. Additionally, there cannot be a prior DUI alcohol-related reckless driving, driving while license suspended with serious bodily injury or death, leaving the scene of an accident with injury or death, or vehicular homicide charges in the driver’s past. Finally, there cannot have been a prior DUI diversion program, more than one non-DUI diversion program as an adult, or in the five years prior to the date of offense the driver cannot have had a prior adjudication withhold or any portion of a sentence on a felony.

What Is The Process For Selecting Cases In This DUI Diversion Program?

The state attorney’s office will evaluate all cases on an individual fact-specific basis. The state attorney’s office solely determines the individual’s eligibility for the RIDR First-Time DUI Diversion Program. There will be three sanction levels for eligible cases. Level one cases will have a breath level below .15%. Next, Level two will have breath alcohol levels above .15% but less than .20% or there has been a refusal to provide. Last, Level 3 will be for drug-related DUIs.

Why Would Someone Want To Accept A Plea Offer Under The New DUI Program?

Mainly the driver will be offered a reduced charge of reckless driving and withhold adjudication. There will be 12 months probation. Individual must pay standard court costs and cost of supervision. They will have their vehicle immobilized for 10 days. The first-time DUI offender cannot possess or consume alcohol, illegal drugs, or non prescribed drugs during that 12 month period. Also, the offender must successfully complete the DUI school and any recommended treatment.