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
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.
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
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
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.
Most colleges have an honor code where even though conduct that may have resulted in criminal charges did not occur on campus, the people still can be charged under the student honor code. It’s really important that both parts of the case be addressed.
The honor code usually will not allow an attorney to appear on your behalf therefore, it’s important for an attorney to prepare you for that hearing. The criminal case will proceed notwithstanding whatever happens to you in college.
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