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What Is The Florida Zero Tolerance Underage DUI Law?
Florida's underage DUI law is not a criminal charge. If someone who is under the age of 21 is stopped for any reason, the police can decide to test them with a non-evidentiary breath test estimator, which is a hand-held breath testing machine. If the individual has a breath alcohol concentration of more than 0.02, then the Florida Department of Highway Safety and Motor Vehicles will take the administrative action of a six-month driver's license suspension and a 30-day hard suspension. If the individual refuses to take the breath test, then there will be a one-year driver's license suspension with a 90-day hard suspension. Learn here:
https://www.duisarasota.com/what-is-the-florida-zero-tolerance-underage-dui-law
How Do Police Handle Underage Or Minor DUI Offenders In Florida?
Section 322.2616 of the Florida statutes specifically permits the police to test an underage person suspected of alcohol use, even in the absence of a parent or guardian. If a person is under the age of 21 and is found to have a blood alcohol concentration of more than 0.02, then the department of motor vehicles will take administrative action in the form of a 30-day hard license suspension (which means no driving whatsoever), followed by a six-month license suspension and the option to obtain a business purpose license. If a person under the age of 21 refuses a breath test, then the department of motor vehicles can suspend their license for one year. Learn here:
https://www.duisarasota.com/how-do-police-handle-underage-or-minor-dui-offenders-in-florida
Are There Any Alternative Programs For First-Time DUI Offenders In Florida?
Over the past 10 years, Florida has joined a lot of other states in creating first-offender diversion programs. It began with a pretrial diversion program in Orange County, followed by the RIDR program in Hillsborough County. Dade County and Monroe County have a program called Back on Track, and the 12th Circuit (which comprises Sarasota, Manatee, and Desoto counties) has a program called DETER. All of these programs are designed to allow a first offender in a non-aggravated DUI situation to resolve their case without a DUI conviction by completing basic educational and community service activities, as well as paying fines and court costs. Learn here:
https://www.duisarasota.com/are-there-any-alternative-programs-for-first-time-dui-offenders-in-florida
Is It Mandatory To Provide A Breath Sample To Police At The Roadside Or Station?
In Florida, it is not mandatory to provide a breath sample to police at the roadside or station, but there are penalties for refusing. If a person refuses a breath test, then the officers will read the implied consent warnings verbatim, which are meant to inform drivers that a refusal to give a breath sample may be used against them and will result in a one-year driver's license suspension. However, just because a person refused a breath test doesn't mean that they will definitely have their license suspended, because there are a number of things that can go wrong with the implied consent warnings. Those errors allow us to challenge the suspension. Learn here:
https://www.duisarasota.com/is-it-mandatory-to-provide-a-breath-sample-to-police-at-the-roadside-or-station
How Exactly Is A DUI Defined Under Florida State Law?
There are two ways for the State to prove a DUI in the State of Florida. The first way is by showing that a person was driving with a breath or blood alcohol concentration above 0.08. If a person was above that level, then they will be considered guilty of DUI, regardless of whether they were actually impaired. The second way to prove a DUI case is by showing that a person met the statutory definition of DUI, which means they were “under the influence of alcohol to the extent that their normal faculties were impaired.” This is sometimes referred to as “common law” DUI. Learn here:
https://www.duisarasota.com/how-exactly-is-a-dui-defined-under-florida-state-law