Getting a call that your child has been arrested for DUI can leave you with more questions than answers. What happens now? Will they lose their license? Will this affect their future?
The situation is serious, but there are steps you can take. One of the most important is understanding that an underage DUI in Florida can involve more than one legal issue at the same time.
Florida has special rules for drivers under 21 who have alcohol in their system. Those rules can affect your child’s driver’s license even when the circumstances do not result in a standard DUI conviction.
If your child is facing drunk driving charges in Naples or elsewhere in Southwest Florida, acting quickly can help you understand the deadlines and options that may apply.
What Is Florida’s Zero Tolerance Law?
Florida’s Zero Tolerance law applies to drivers under age 21. If an underage driver has a blood-alcohol or breath-alcohol level of 0.02 or higher, their driving privilege can be suspended.
This is different from Florida’s standard DUI limit of 0.08 for drivers who are old enough for that limit to apply. A driver may therefore face consequences under the under-21 law at a much lower alcohol level.
Under the Zero Tolerance law, the license suspension is generally:
- Six months for a first violation involving an alcohol level of 0.02 or higher
- One year if the driver’s license was previously suspended for another violation of the under-21 law
- One year for a first refusal to take a lawful breath test
- 18 months for a subsequent qualifying refusal
These are administrative driver’s license consequences handled by the Florida Department of Highway Safety and Motor Vehicles, or FLHSMV. They are separate from determining whether your child is guilty of DUI in court.
Why Is the 10-Day Deadline So Important?
This is one deadline parents should pay close attention to.
When an officer issues a suspension under Florida’s under-21 law, an otherwise eligible driver may receive a temporary driving permit. That permit expires at midnight on the 10th day after the notice of suspension was issued.
The driver also has 10 days after the notice is issued to request a formal or informal review of the suspension.
That means waiting several weeks to speak with a lawyer can limit the options available for challenging the driver’s license suspension.
If your child receives a notice of suspension, keep the paperwork. An attorney can review it, explain which deadlines apply, and help determine the appropriate next step.
Is Zero Tolerance the Same as a DUI Charge?
No. This distinction can be confusing for parents.
Florida’s under-21 law focuses on whether a driver younger than 21 had an alcohol level of 0.02 or higher. A criminal DUI case involves a different legal analysis, including whether the person was driving with an unlawful alcohol level or whether alcohol or drugs impaired their normal abilities.
As a result, an underage driver may have to deal with driver’s license consequences as well as a criminal DUI case, depending on what happened.
The driver’s age can also affect how a case proceeds. Someone who is 18, 19, or 20 is legally an adult, but the under-21 alcohol rules still apply to their driving privilege.
For a driver younger than 18, the procedures can differ depending on the specific offense and circumstances. A criminal defense attorney can explain which court has jurisdiction and what process applies rather than assuming every underage case follows the same path.
What Should Parents Do After an Underage DUI Arrest?
You do not need to understand every Florida DUI law before taking action. Start with a few practical steps:
- Keep all paperwork. Save the citation, notice of suspension, temporary permit, and any documents provided by law enforcement.
- Pay attention to the date. The notice of suspension can trigger a short deadline for requesting administrative review.
- Be careful about statements. Your child should avoid discussing the facts of the case with others before getting legal advice.
- Speak with an attorney promptly. A lawyer can review both the driver’s license issues and any criminal allegations.
Parents can also review our information about underage DUI cases and Florida’s DUI 10-day rule for additional guidance.
What Can an Attorney Review in an Underage DUI Case?
No two DUI cases are exactly alike. An attorney may review issues such as:
- Why law enforcement stopped the vehicle
- What the officer observed during the stop
- Whether field sobriety exercises were performed
- Whether a breath or blood test was requested
- What alcohol level was reported
- Whether the driver refused testing
- Whether required procedures were followed
These details can affect both the driver’s license issues and the defense of any criminal charge.
The important thing is not to assume that an arrest determines what will happen next. An arrest begins a legal process. It does not guarantee a particular outcome.
Talk to a Naples Underage DUI Lawyer
If your child was arrested for an underage DUI in Naples, Collier County, or elsewhere in Southwest Florida, you do not have to sort through the process alone.
The attorneys at the Law Firm of Scott T. Moorey can review what happened, explain the driver’s license and criminal issues in plain English, and help your family understand the available options and deadlines.
Contact our law office to discuss your child’s situation and possible next steps.