Drinking and driving is obviously a crime that law enforcement takes seriously, but that is even more true when the offender is underage. While the law treats underage and legal-age persons the same, people under 21 do not need to hit the .08 BAC level to see punishment. A Winter Park underage DUI lawyer knows exactly what to do when you are under the legal drinking age and are caught with alcohol on your breath while driving. Speak with a seasoned DUI attorney as soon as you can.
The legal limit to be charged with a DUI is still 0.08, but the difference with people who are under 21 is that they can lose their license for blowing over 0.02. So even if someone under 21 gets pulled over, they might not be charged with a DUI but they can still lose their license for having a small amount of alcohol in their system.
The same factors to determine intoxication apply regardless of the driver’s age. Officers will still test whether their normal faculties are impaired, which include one’s ability to walk, talk, see, hear, and judge distances drive an automobile.
Most underage drivers in Winter Park should expect these cases to be handled identical to someone who is over 21 and being prosecuted for a DUI, with the exception of what they blew in the breathalyzer and what that could mean for them. If they blew over a 0.02, even though that is nowhere near the legal limit, they will be subjected to that administrative license suspension, and if they blew over a 0.05, then they are required to take a substance abuse class and undergo an evaluation.
That strikes a lot of people as odd because they believe if someone’s not over the legal limit, how can they be required to take a DUI class and do a substance abuse evaluation? The legislature has reasoned that by saying they should not have been consuming alcohol in the first place. It is in the best interest of the community that they are required to take this course and learn about alcohol education.
The cases are handled identically, regardless of age. Even though someone is under the age of 21, they are still prosecuted in adult court, under the same statute, and the penalties are identical. The only difference is the license suspension immediately upon arrest.
It really depends on the judge, and the prosecutor. The general consensus is that the driver being underage is an aggravating factor and it enhances the disappointment in the event the person is convicted.
These cases are prosecuted strongly in Winter Park but the area has a great diversion program. If it is your first DUI, and the facts are appropriate for the diversion program, the state likes sending these underage DUI cases to diversion because completion of the program can result in a dismissal. Their intention is that a young person will be scared enough about being arrested, they will complete the program to get their case dismissed, and hope that they never re-offend because it scared them away from drinking and driving in the future.
It is even more important to hire a criminal defense attorney if you are under 21 because you have a very limited amount of time to challenge that license suspension. What people do not realize is that on the day they are either arrested or otherwise get notice of that suspension, they only have a few days to challenge that and prevent it from being on their record and avoid taking that class. It is important to hire an attorney quickly so you do not lose out on the opportunity to challenge the suspension.
Call The Umansky Law Firm and learn more from our Winter Park underage DUI lawyer.
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