Under 21 / Zero Tolerance DUI
St. Petersburg Juvenile DUI Attorney
At the Morris Law Firm, we represent juvenile offenders charged with DUI throughout the Tampa Bay area. Our goal will be to protect the rights of the minor and make court experiences as painless as possible. We represent a wide range of clients from juveniles to adults in a wide range of areas including, Tampa, Clearwater, Bartow, New Port Richey, Dade City, and Plant City, including the counties of Hillsborough, Pasco, and Pinellas or the surrounding areas.
The State of Florida's Zero Tolerance law, also referred to as the .02 law became effective January 1, 1997. The State of Florida's Zero Tolerance law deems for suspended driving privilege of drivers below 21 years old that is found to have a breath or blood alcohol concentration of .02 or more. Florida also has an administrative per se DUI law which makes it an offense for any juvenile or adult motorist to drive with a breath or blood alcohol concentration of .08 or more.
Motorists under 21 years old with a blood alcohol level of .02% or more will have their license instantly suspended for six months for a first time offense. A second time offense will result in a one year suspension. Denial of testing for a first offense will results in a suspension of twelve months and eighteen months for a second offense.
The State of Florida's Zero Tolerance law is an administrative law where the full enforcement action may be implemented at the scene of the traffic stop.
The State of Florida's Zero Tolerance law procedures are:
A permissible interaction must be made with the underage motorist before checking for a zero tolerance violation. This may be generated by a traffic stop linked to a violation of law, contact at a sobriety checkpoint, and contact at a crash site or a consensual encounter with a motorist under 21 years old.
If two breath samples return breath or blood alcohol concentrations of .02 and up, the law enforcerment officer takes the driver's license and issues a suspension using a multi-part form provided by the Department of Highway Safety and Motor Vehicles. The form serves as a ten day provisional license during which time the motorist may request a hearing. If the motorist rejects giving a breath sample the same form provides for imposing an implied consent refusal suspension. Since the officer initially rules out probable cause for .08 DUI offenses, even if the BAC level is above .08, only a zero tolerance suspension is issued.
If the motorist is between 18 and 20 years old and there is no arrest for another violation, the motorist is released and instructed not to drive. Normally the officer will assist in calling a cab or other ride or allow a non-drinking, licensed passenger to drive the vehicle. If the driver is below 18 years old, the parents or guardian are informed and requested to retrieve the juvenile motorist or the minor will be escorted to a juvenile assessment center.
Morris Law Firm | Florida Juvenile DUI Defense Attorney
If your child is facing charges related to Zero Tolerance DUI, you need a DUI defense attorney to defend them against this serious charge. Contact St. Petersburg Juvenile Attorney, Melinda Morris, for more information about defending your child’s DUI case throughout the Tampa Bay area including Tampa, Clearwater, Bartow, New Port Richey, Dade City, and Plant City, including the counties of Hillsborough, Pasco, and Pinellas or the surrounding areas. Contact us today to defend your case and protect your rights.