Under the Age of 21 & DUI

In Florida, the legal limit for a person under the age of 21 is .02 instead of 08. Under Florida law, police may pull a driver over if they suspect that the driver is under the age of 21 and is under the influence of alcohol. Police do not have to conduct a traffic stop or make an arrest in order to request that the driver submit to a breath test. The officer may use a portable alcohol breath testing device (PBT) and the results can be used in an administrative hearing. PBTs are generally not admissible in criminal court because they are highly unreliable. 

Penalties With An Alcohol Level .02 or above

  • First Suspension: 6 months
  • Second or Subsequent Suspensions: 1 year

Penalties For Refusing Breath Test

  • First Suspension: 1 year
  • Second or Subsequent Suspensions: 18 months

These suspensions are effective immediately. The only catch with these suspensions is that if the breath test result is .05 or higher then the suspension will remain in effect until the substance abuse evaluation and course is completed.

This is the only difference between an under the age of 21 driver and over the age of 21 driver. The rest of this website applies to both sets of drivers including all DUI defenses.

If you are under the age of 21 and are facing a DUI in Miami please contact me directly so that I may answer any questions you have and provide you with a free case evaluation. My practice focuses on DUI defense in Miami. Let’s talk about your case and what defenses it might have.