Under-21 DUI Defense Attorneys in Tampa

A DUI arrest for someone under 21 in Florida can have lasting effects — even if the driver’s blood alcohol concentration (BAC) is well below the adult legal limit. Under Florida’s Zero Tolerance Law, drivers under 21 can face administrative suspension and criminal consequences for a BAC of just 0.02%.

At Roussos Law Group, we understand how quickly one mistake can jeopardize a young person’s education, career, and future. Our team provides skilled, compassionate defense for underage drivers and their families throughout Florida.

Understanding Under-21 DUI Charges in Florida

Florida’s Zero Tolerance Law (§322.2616) establishes a BAC limit of 0.02% for drivers under 21, the equivalent of roughly one drink for most individuals. This means you can be penalized for driving after consuming any measurable amount of alcohol, even if you’re not legally impaired.

An under-21 DUI can result in two separate processes:

  • Administrative suspension by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV).
  • Criminal prosecution under §316.193 if impairment is alleged or if BAC meets or exceeds 0.08%.

 

Possible administrative penalties include:

  • Immediate driver’s license suspension for six months (one year for refusal to test).
  • A new law (as of October 1, 2025) may add a separate misdemeanor criminal charge for refusing a breath, blood, or urine test, which can be added to any existing DUI arrest.
  • Mandatory completion of a DUI or substance abuse course.
  • Hardship license eligibility only after 30 days (first offense).

 

Even without a criminal conviction, an administrative suspension can impact college enrollment, scholarship eligibility, and insurance costs.

Florida Penalties and Legal Consequences for Under-21 DUI

If the under-21 driver’s BAC is 0.08% or higher, the case can proceed as a standard DUI under §316.193, exposing the individual to adult-level criminal penalties.

Possible consequences include:

  • Jail time (if prosecuted under §316.193)
  • Fines and court costs
  • License suspension (6 months–1 year)
  • Probation or community service
  • Mandatory DUI School and counseling
  • Vehicle impoundment
  • Ignition interlock device (for higher BAC levels)
  • Significant increases in insurance premiums

 

Beyond legal penalties, a DUI arrest can have lasting academic and employment impacts. Some universities and professional programs require disclosure of DUI offenses during admission or licensing.

This summary is provided for educational purposes and may not reflect the latest statutory updates. Always consult an attorney for advice specific to your case.

How Roussos Law Group Can Help

At Roussos Law Group, we represent minors and young adults facing DUI-related charges with professionalism and discretion. Our team reviews the evidence, officer reports, and testing procedures to determine whether your rights were violated or if the stop lacked probable cause.

Our DUI defense attorneys understand the administrative and criminal systems from both sides, including how to challenge questionable test results, improper police procedures, or administrative errors that can lead to unwarranted license suspensions.

We also help families navigate the DHSMV hearing process and pursue hardship licenses when available.

Steps to Take After an Under-21 DUI Arrest

If you or your child has been charged with an underage DUI, it’s critical to act immediately:

  • Contact an experienced DUI attorney within 10 days of arrest.
  • Request a DHSMV hearing to contest the administrative suspension.
  • Avoid discussing the case with friends, school staff, or law enforcement.
  • Complete any required evaluation or class promptly to preserve driving eligibility.
  • Keep all documentation from the arrest and test results.

 

Quick action can make a difference in minimizing both the legal and personal impact of an under-21 DUI arrest.

Frequently Asked Questions

What is Florida’s BAC limit for drivers under 21?

Under §322.2616, any BAC of 0.02% or higher triggers penalties — well below the adult limit of 0.08%.

Will an under-21 DUI appear on my record?

Yes. Even administrative suspensions can appear on driving records, and criminal charges can remain permanently unless dismissed.

Can parents or guardians attend court hearings?

Yes. In most cases involving drivers under 18, a parent or guardian must attend. For drivers 18–20, family representation can still be helpful for coordination and compliance.

Can an under-21 DUI affect college or scholarships?

It can. Some universities require disciplinary reporting for alcohol-related offenses. Early legal intervention may help minimize those consequences.

Can I get a hardship license after an under-21 DUI?

Possibly after a 30-day period, depending on whether the case involved refusal to test or a prior offense.

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Frequently Asked Questions

What is Florida’s BAC limit for drivers under 21?

Under §322.2616, any BAC of 0.02% or higher triggers penalties — well below the adult limit of 0.08%.

Will an under-21 DUI appear on my record?

Yes. Even administrative suspensions can appear on driving records, and criminal charges can remain permanently unless dismissed.

Can parents or guardians attend court hearings?

Yes. In most cases involving drivers under 18, a parent or guardian must attend. For drivers 18–20, family representation can still be helpful for coordination and compliance.

Can an under-21 DUI affect college or scholarships?

It can. Some universities require disciplinary reporting for alcohol-related offenses. Early legal intervention may help minimize those consequences.

Can I get a hardship license after an under-21 DUI?

Possibly after a 30-day period, depending on whether the case involved refusal to test or a prior offense.