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Under-21 DUI in Sarasota: Florida’s Zero Tolerance Law

For young drivers, a DUI arrest in Sarasota can have serious and lasting consequences. Florida has adopted a strict “zero tolerance” policy for underage drinking and driving, meaning drivers under the age of 21 face much harsher standards than adults. At Pallegar Law, we help young people and their families navigate the complex legal system, protect their futures, and fight underage DUI charges.

Florida’s Zero Tolerance Law

Under Florida law, drivers under the age of 21 may not operate a motor vehicle with a blood alcohol concentration (BAC) of **0.02% or higher**. This limit is far lower than the standard **0.08% BAC** for adult drivers. The reasoning is simple: it only takes a small amount of alcohol for an underage driver to violate the law.

For example, even one drink could put a 19-year-old driver over the legal limit, depending on body weight and metabolism.

Penalties for Under-21 DUI in Sarasota

The penalties for an underage DUI depend on the BAC level and whether it is a first or repeat offense. Consequences may include:

  • Immediate driver’s license suspension for 6 months for a first offense (1 year for a second offense).
  • 12-month suspension for refusing a breath test (18 months for a second refusal).
  • Mandatory alcohol education or DUI school.
  • Community service or probation requirements.
  • Possible fines and court costs.

It is important to note that even though underage DUI charges are not always treated as criminal convictions, the license suspension can still severely impact a young person’s education, employment, and independence.

Impact on Education and Employment

An underage DUI can affect more than just driving privileges. Colleges, universities, and employers may conduct background checks that reveal the arrest. Students may face disciplinary actions at school or jeopardize scholarships and financial aid. For young professionals, certain career paths that require a clean driving record—such as nursing, teaching, or commercial driving—may be placed in jeopardy.

The DMV Hearing Process

As with adult DUI cases, underage drivers have only **10 days** from the date of arrest to request a DMV hearing. Failing to request this hearing results in automatic suspension of driving privileges. At the hearing, a Sarasota DUI attorney can challenge whether the stop was legal, whether proper testing procedures were followed, and whether the suspension should stand.

Frequently Asked Questions About Under-21 DUI

Is an underage DUI the same as an adult DUI?

Not exactly. While the BAC threshold is lower, the process is similar. However, a conviction or administrative suspension can still impact the driver’s record for years to come.

Can an underage DUI be sealed or expunged?

In some cases, yes. If adjudication is withheld, expungement or sealing may be possible. An attorney can evaluate eligibility based on the facts of the case.

What if the driver was under 18 at the time?

Juvenile DUI cases are typically handled in juvenile court, which has a separate set of rules and penalties.

Defenses for Under-21 DUI Cases

Several defenses may be available for underage DUI charges, including:

  • Challenging the legality of the traffic stop.
  • Questioning the accuracy of the breath test (especially given the low 0.02% threshold).
  • Arguing improper testing or handling of evidence.
  • Negotiating for reduced penalties or dismissal in exchange for diversion programs or treatment.

Why Choose Pallegar Law?

At Pallegar Law, we know how overwhelming an underage DUI arrest can be for both the young driver and their family. We focus on minimizing the impact of the charge by fighting license suspensions, seeking reduced penalties, and protecting long-term opportunities for education and employment.

Contact a Sarasota DUI Attorney Today

If your child has been arrested for DUI in Sarasota under Florida’s zero tolerance law, act quickly. The 10-day deadline for a DMV hearing is critical. Contact Pallegar Law for a confidential consultation. We will guide your family through the process and work to protect your child’s future.
                                                                                                      

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