Underage DUI Attorney in Miami

Trusted Legal Advocacy for Young Offenders and Their Families

Facing an underage DUI charge in Miami can be overwhelming for both the accused and their families. At the Law Office of Armando J. Hernandez, P.A., we offer compassionate and committed legal support that can help safeguard your child's future. 

By leveraging over 20 years of criminal defense experience, our team provides strategic defenses tailored to the unique circumstances surrounding each case. We understand the emotional and legal complexities that come with these charges and aim to reduce the stress by being a reliable ally in these challenging times.

 Engaging us means securing a team that's committed to exploring every angle to provide the best possible DUI defense, leveraging our deep knowledge of local Miami laws and procedures.

Contact a Miami under-21 DUI attorney now—Call (305) 400-0074 or reach out online. Former prosecutors offering free initial consultations and 24/7 availability.

Understanding Underage DUI Laws in Florida

In Florida, there are several statutes that apply to drivers under the age of 21, creating a tiered system of penalties based on blood alcohol concentration (BAC) and the level of impairment. It's crucial to understand each of these laws, as the penalties and the defense strategies for each are different. A knowledgeable underage DUI lawyer in Miami must be familiar with all of these statutes to build a comprehensive defense.

"Zero Tolerance" Law: Florida Statutes § 322.2616

This is the foundation of Florida's policy. It is a criminal offense for a person under 21 to drive with a BAC of 0.02% or greater. This is an incredibly low threshold, easily met by a single sip of an alcoholic beverage. 

The prosecution doesn't have to prove you were impaired; they only have to prove that you had a measurable amount of alcohol in your system. This is a crucial detail that often catches people off guard.

Standard DUI: Florida Statutes § 316.193

This is the most serious charge an underage driver can face. If a person under 21 drives with a BAC of 0.08% or higher, or is proven to be impaired by alcohol or drugs, they can be charged with a standard misdemeanor DUI, just like an adult.

The prosecution's case often relies on the results of a preliminary alcohol screening (PAS) test, which is a breath test administered at the scene. While a minor can refuse to take this test, doing so can lead to an automatic one-year license suspension by the DHSMV. 

A skilled Miami under 21 DUI attorney will meticulously analyze the specific details of your case to challenge the prosecution's claims.

Penalties of Underage DUI Convictions in Florida

A conviction for an underage DUI is a life-altering event. The legal penalties can be severe, and the collateral consequences can be even more devastating, creating barriers that can feel impossible to overcome. 

The direct legal penalties for an underage DUI conviction in Florida are steep and depend on the specific charge:

• "Zero Tolerance" Law Conviction: A first offense results in a mandatory six-month license suspension. For a second offense, the suspension is one year. The court can also order a fine of up to $500 and a mandatory substance abuse course.
• Standard DUI (BAC of 0.08% or higher): A first offense is a misdemeanor. A conviction can result in a fine of up to $1,000, a jail sentence of up to six months, and a license revocation of 180 days to one year.
• Aggravated DUI: If a DUI causes serious bodily injury or death to another person, the charge is automatically a felony, regardless of prior convictions.

In addition to these penalties, a conviction can also lead to:

• Probation: You may be placed on informal probation for several years.
• Mandatory Programs: You will likely be required to complete a DUI school or a substance abuse education program.
• Increased Insurance Rates: Your car insurance premiums will likely increase significantly for several years after a conviction.

Collateral Consequences

A criminal record for a DUI can make it incredibly difficult to find employment, obtain professional licenses, or secure housing. Many employers and professional licensing boards have zero-tolerance policies for these convictions, and landlords often deny rental applications to those with a criminal record.

Additionally, a felony conviction will result in a permanent ban on owning or possessing a firearm. For non-citizens, a conviction can have severe immigration consequences, including deportation. The social stigma attached to these crimes can also damage your reputation and personal relationships.

The Florida Criminal Defense Process for Underage DUI Charges

The legal process following an underage DUI arrest can feel overwhelming, but it follows a predictable series of steps. Our job is to guide you through each stage, ensuring your rights are protected and that you have a strategic advocate in our corner. 

1. Arrest and DMV Administrative Hearing: The process begins with your arrest. You have a strict 10-day deadline to request a hearing with the DMV to challenge the automatic suspension of your driver's license.
2. Arraignment: This is your first appearance before a judge, where you will be formally notified of the charges and enter a plea. We will advise you on the appropriate plea and begin building your defense.
3. Discovery: We obtain and review all of the prosecution's evidence, such as police reports and dashcam footage, to find any weaknesses or inconsistencies.
4. Pre-Trial Motions and Plea Negotiations: We will file pre-trial motions to challenge illegally obtained evidence or procedural errors, and we will engage in negotiations with the prosecutor to reach a favorable plea agreement.
5. Trial and Sentencing: If a plea agreement cannot be reached, we are prepared to take your case to trial. If a conviction occurs, we will present mitigating evidence and arguments to the court to seek the most lenient sentence possible.

Take the Next Step to Protect Your Child’s Future

Contacting Law Office of Armando J. Hernandez, P.A. puts you in touch with compassionate and strategic legal advocates who prioritize securing a favorable outcome for your family. Our firm’s thorough understanding of both juvenile and adult criminal proceedings in Miami means we are well-equipped to defend and support your child throughout this challenging time. 

Reach out today at (305) 400-0074 or online for a confident and comprehensive legal supporter by your side.