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Defense for Underage DUI Offense

Local south FL defense attonrney for Underage DUI charge

Getting an underage DUI charge in Florida is a serious and potentially life-changing matter for individuals and their families. A person under the age of 21 who drives under the influence is making a decision that greatly impacts their own life and the lives of others.

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Driving under the influence of alcohol under the age of 21 is an especially serious matter in the state of Florida. According to statistics, in 2018, Florida had 68 fatalities due to under 21 alcohol-impaired driving accidents, and under 21 alcohol-impaired driving fatalities accounted for 21.6% of the total deaths of persons under the age of 21.

If you or someone you know has been charged with underage DUI in Florida, you will need the best DUI attorney near you to help you with your case. The dedicated underage DUI defense lawyers at Weinstein Legal have the experience and knowledge you will need to get the best possible outcome for an underage DUI charge in the state of Florida.

“…Matthew was very good, all my charges were dropped and I never set foot inside a court room. I was arrested for DUI, I refused the field sobriety test, blew .05 on the breathelizer, and refused a urine test. After I hired Matthew, the damaged stopped. Best case scenario outcome….” – anonymous

Areas in Florida We Represent

When you are facing criminal charges for an underage DUI in Florida, seek the legal assistance of a criminal defense attorney immediately. We represent individuals in Broward County, Miami-Dade County, Orange County, and Palm Beach County including the following areas:

Boca Raton
Boynton Beach
Coral Springs
Delray Beach
Fort Lauderdale
Hollywood
Lake Worth
Orlando
Palm Beach Gardens
Pembroke Pines
Plantation
Pompano Beach
Wellington
West Palm Beach

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In Broward County, the county sheriff’s office estimates that alcohol-related fatalities in the state of Florida have increased by one-third over the last 20 years, and therefore statewide law enforcement agencies take DUI prevention very seriously. Some counties have DUI-specific task forces that have special DUI checkpoints, Breath Alcohol Testing Technicians, and Breath Alcohol Testing video recording technology.

Criminal Penalties for Underage DUI in Florida

Whether you are a resident of Florida or not, if you are driving in the state, it’s important to know Florida’s laws regarding driving and underage drinking.

In the state of Florida, the legal drinking age is 21. Anyone under that age who is found to have a blood-alcohol or breath-alcohol level of 0.02 or higher cannot legally drive or be in control of a vehicle. This means that it is possible to exceed the legal limit of .02 blood alcohol level with just one alcoholic drink.

According to the Florida Department of Motor Vehicles, the state has a Zero Tolerance law for drivers under 21. This means that any driver under 21 who is stopped by law enforcement and has a blood alcohol level of 0.02 or higher will automatically have their Florida driver’s license suspended for six months.

If a driver is convicted of their first DUI, penalties in Florida are:

Fine — $500 to $1000 (with a blood alcohol level of 0.15 or higher or minor in vehicle)
Community Service — 50 hours
Probation — for not more than one year
Imprisonment — for not more than six months; if the blood alcohol level is above 0.08 with a minor in the vehicle, imprisonment should not exceed nine months
License revocation — for a minimum of 180 days
DUI school — 12 Hours

If a second, third, or fourth DUI charge is incurred, the penalties increase dramatically.

The Florida DMV also states that penalties for a first DUI conviction in Florida increase dramatically if the blood alcohol level is 0.15 or higher, or if a minor is in the vehicle. In these cases, an Ignition Interlock Device may be installed for at least six continuous months.

An Ignition Interlock Device (IID) is required by law in many different states after a DUI conviction. An Ignition Interlock system is an in-car breathalyzer device that is installed to prohibit an individual under the influence of alcohol from operating the vehicle.

How does an IID work?

The driver breathes into the device to start the motor vehicle.
Five minutes later, the device beeps again and the driver must breathe into the IID.
About every 30 minutes, the IID beeps and the driver must breathe into it.
Each time the driver breathes into the IID the data is recorded and transmitted to the Florida DMV; these reports are available on the internet.

How long can someone convicted of an underage DUI expect to have an IID installed in their vehicle? It depends on the number of convictions. Here’s how that looks:

For a first DUI conviction, an IID is installed only if court-ordered. If the blood alcohol level is 0.20 or if there is a minor in the car, the IID must be used for up to six months.
For a second DUI conviction, an IID is installed for at least one year. If the blood alcohol level is 0.20 or if there is a minor in the car, then the time frame for using the IID is at least two years.
For a third DUI conviction, the IID must be installed and utilized for at least two years.

Florida Statutes Section 322.2616: What You Need to Know

What is Florida Statutes Section 322.2616? And how will it affect you if you’re facing a charge of underage DUI in the state of Florida?

Here are some key parts of this law you need to know:

A law enforcement officer who has probable cause to believe that a vehicle is under the control of a person who is under the age of 21 while under the influence of alcohol may lawfully detain that person, and request that person submit to a test to determine their blood-alcohol or breath-alcohol level.
Your driving privileges can be suspended if a) your blood-alcohol or breath-alcohol level is 0.02 or higher or b) if you refuse to submit to a blood-alcohol test. The state of Florida has an implied consent law; this means that when you got your driver’s license, you agreed to take these tests when asked to do so by a member of law enforcement.
If you are under the age of 18 and found to have a blood-alcohol level of 0.02 or higher, a police officer can take you immediately to the addictions receiving facility in the county where you were stopped.

There are many more provisions in Florida Statutes Section 322.2616 that can impact you depending on the details of your charges and what happened after you were stopped. That’s why it’s vital that you hire an experienced attorney who knows the law thoroughly and has the best defense strategies for an underage DUI charge in the state of Florida.

Hiring A Defense Attorney For Your Underage DUI Charge In Florida

It’s overwhelming to think of all the things you need to do when you are charged with an underage DUI, but hiring an experienced attorney who will aggressively defend you is the first thing to do. Just because an attorney is experienced in criminal defense, it doesn’t mean they are experienced in defending DUI cases, much less underage DUI cases.

Matt Shafran of Weinstein Legal has years of experience defending clients against underage DUI charges and provides the best possible defense in Palm Beach County, Orange County, and Broward County. Our team our defense attorneys is well-versed in the complexity of underage DUI defense, and we always present a convincing case or make the best plea deal possible for your unique circumstances.

“Matt and his firm made the process so smooth and eased me through the entire case. You literally get more than you retain with them. I could never imagine calling anyone else if I should ever need.” – K.S. – Prior Client

When considering your best choice for a defense lawyer to represent you in an underage DUI charge, know that Weinstein Legal leaves no stone unturned when it comes to exploring all the factors involved in your case. You can reach us at any of our three Florida locations:

We investigate such factors as:

Was there sufficient probable cause to stop you in the first place?
Was the field sobriety test administered to you properly?
Was the equipment that measured your blood alcohol level properly calibrated and maintained?
Was your driving at the time affected by prescription drugs or any health problems?

Taking these factors and many other details into consideration, we will not stop till we have achieved the best possible outcome for you. Contact Weinstein Legal today to learn more about how our dedicated defense lawyers can help you against your underage DUI charge.

Medical

Matthew helped us through a long process, we were stuck, held hostage by a system that truly falls short when it comes to patient rights. I’m still baffled how a medical professional (term used loosely) can influence so many, manipulate and down right lie. We found ourselves against all odds. I am not saying my child didn’t have a breakdown. What I will say is that if I was in so much abdominal pain, had heart issues and was going to be strapped down, my rights taken away, held hostage for 10 days, I and no one I know could have maintained a even a small sense of sanity. But she did. Matthew and his team made calls and were very persistent. In this hour of need and when this “medical pro...

BrendaK

THC OIL Possession Felony Charge

Mat was such a relief to our family! My son got a felony for possession of THC oil, I immediately started looking for legal assistance and was blessed to find Mathew Shafran. He responded the same day, always kept us abreast of the process, and although my son lives in a different city, he drove a few hours to attend court with my son, and was able to negotiate a pre-trial diversion program and drop the felony charges to misdemeanor charges. Thank you Mathew!!

Paula

Best Lawyer ever

Mathew did an amazing job in court. Mathew is really eloquent and smart. His performance in court was outstanding and gave me a big victory. he really cares and goes beyond 100% to help his clients. He is the best !!

Claudia

A responsive, knowledgeable and skilled attorney

We called after our son was arrested for a crime he committed nearly 9 months earlier. We received a return call in minutes and Matt was able to visit our son a few hours later after finishing representing other clients in court. Our son was distraught and frightened and Matt was very reassuring and supportive. Matt provided knowledgeable advice regarding bond arrangements suggesting he get back into his routine immediately since he had been doing so well. He was also very reassuring to us, the distressed parents, and always provided an almost immediate response to our questions and concerns. Our son had been in substance abuse treatment for almost ...

Sheryl

Best Lawyer for student at the U

My son, a student at the University of Miami, was facing 2 serious drug related felonies. We contacted our attorney in the state where we live and he recommended Matt to us. Once I reached out to Matt he was back in touch within the hour. He explained to my husband and I what my son was facing. Matt was available throughout the process for consultations with both my son and his parents. Ultimately, Matt was able to negotiate a pretrial diversion program where all charges will be dismissed once my son has completed a 6 month program.

CCH

Fantastic Experience!

Justin was referred to me by a friend who had been represented by him and enthusiastically encouraged me to connect with him when I was wary of pursuing legal action. My reservations were quickly eased during my initial consultation. Justin is an absolute professional and took the time I needed to explain the process and his role thoroughly. His sincerity, empathy and commitment to advocating on my behalf were apparent. Throughout, he maintained consistent communication each step of the way until my case was resolved. I would recommend Justin without reservation to anyone seeking representation.

Jessica