Florida’s “Zero Tolerance” policy is designed to reduce underage drinking. According to the law, any driver who is under 21 years of age can be cited for an underage DUI if their blood alcohol content (BAC) is at least .02 percent.
However, an underage DUI in Florida is not a criminal charge, which means that a conviction will not result in a jail sentence. Rather, a first offense is punishable by driver’s license suspension for up to six months.
If an underage driver’s BAC is at least .05 percent, then he/she must complete a DUI evaluation and course. Once he/she completes the course, his/her driver’s license will be reinstated. If the driver is younger than 19 years old, then his/her parents will also be given the results of the substance abuse evaluation.
On the other hand, if an underage driver has a BAC of at least .08 percent, then he/she can be charged with a standard DUI. A first DUI offense carries a jail sentence of up to six months, a maximum fine of $1,000, and driver’s license suspension for up to one year.
If an underage driver refuses to take a post-arrest chemical test (e.g., breath or blood test), then his/her driver’s license will be automatically suspended for one year. A second or subsequent refusal carries an 18-month suspension.
Underage drivers who have committed a first offense are eligible for a hardship license, which allows them to travel to and from work, school, and other important appointments during the suspension period. However, drivers must also install an ignition interlock device (IID) in the vehicles they drive.
If you or a loved one has been arrested for a DUI in Seminole County, contact The Law Office of David A. Webster, P.A. today at to get a former prosecutor on your side. More than 30 years of combined legal experience with thousands of satisfied clients!