Under Age Drunk Driving? – What Should You Do Next?

hunter — Mon, 19 Feb 2018 12:00:13 +0000

Drinking under the influence commonly referred to as DUI, is not only an offense for adults but minors as well. When you’re caught driving under the influence of alcohol or other drug substances, you risk paying fines and serving a jail term. Underage driving under the influence is taken seriously in the United States, and minors who are caught driving under the influence of drug substances or alcohol can land in severe legal trouble.

If a police officer suspects that a teen is driving under influence of alcohol, he/she will subject the minor to the typical Blood Alcohol Content breath test. If alcohol is detected in the teen’s breath, then he/she will be taken into custody, and their vehicle towed. According to statistics, at least one in every ten high school teens drinks and drives.

Zero Tolerance Laws

You are drunk, driving and underage. This means that you’ve committed two illegalities at the same time. First, the law prohibits underage minors from purchasing or being in possession of alcohol in all states in the U.S. All states have zero tolerance for driving under the influence of alcohol or other drug substances.

Although adult drivers will only be found culpable if their blood to alcohol content exceeds 0.08%, the law is a bit strict when it comes to minors below the age of 21. An underage driver even with an insignificant amount of alcohol in their blood system ranging between 0.01 and 0.02 will be apprehended. Think about this, even a half glass of wine taken during dinner time can easily subject a minor to DUI charge.

What are the Penalties for Underage DUI?

The DUI citation in all states may result in revocation of your driver’s license, fines, mandatory alcohol education, and a lengthy probation period. In some rare cases, an underage driver can even be handed a jail term on their first drunk driving offense if the case is serious.

You should also keep in mind that if you get a DUI and you’re under 21, but over 18, the magistrate may treat you as an adult. The legal penalties for underage Dui include the following:

A fine of up to $500
A minimum of 30 and a maximum of 180 days driver license suspension
Mandatory alcohol education classes
Six months of probation
A minimum of 8 and a maximum of 40 hours of community service

As a parent, you’re expected to be a good example to your child. Don’t drink and drive and always remind your teenager to avoid alcohol until they become adults. Parents should also remember that providing alcohol to an underage is an offense and can lead to a fine of up to $4,000 and a one-year jail term.

Have You Been Charged with an Underage DUI?

Chamberlin Law Firm is experienced in dealing with DUI charges, and we will help you advocate for a favorable judgment while protecting your best interests. Contact us today for assistance.

The post Under Age Drunk Driving? – What Should You Do Next? appeared first on Chamberlin Law Firm, PA.

Can You Be Punished for Suspicion of Drunk Driving?

hunter — Mon, 05 Feb 2018 15:55:01 +0000

Driving your car under the influence (DUI) of alcohol or drugs is considered a criminal offense in the United States. In Florida, DUI is considered a severe crime that can attract heavy fines. What happens if you are pulled over for a DUI test, and you refuse to take the blood, urine, or breathalyzer test as requested by the officer on duty? Are you guilty? Will you have committed an offense by refusing to cooperate with the officer?

The Federal law in the US states that a citizen is always presumed innocent until proven guilty beyond any reasonable doubt. Therefore, no citizen can be charged merely upon an officer’s suspicion that he or she has committed a criminal offense.

Application of Implied Consent

If a traffic officer suspects that you are driving your car under the influence of alcohol or drugs, the law requires you to take a chemical test by either breathe, blood, or urine to establish your actual blood alcohol content (BAC).

The implied consent laws dictate that you agree to take the necessary chemical tests required to assess your blood alcohol content as long as you are on the road driving. According to Florida DUI regulations, you are committing a criminal offense if you are driving a car with a BAC level of 0.08 percent or more.

The Blood-Alcohol Content Test in Florida

In Florida, the officer is required to establish your BAC level by breathalyzer. The officer will administer the test and show the test results. A breathalyzer refers to a unique device specifically designed to measure your blood-alcohol concentration level using your breath.

There is a permitted legal limit, and if your concentration goes beyond the set limit, then the police officer is required to arrest you. For a first-time offender, a DUI will cost you at least $1,000, at least 50 hours of community service and at least a month in jail based your BAC concentration level. You may pay higher penalties in Florida if your BAC level is beyond 0.15.

What Happens if You Refuse to Take the DUI Test?

The state law in Florida considers driving as a privilege and not your democratic right. The moment you sign your driving license, you agree to implied consent as discussed above. Therefore, it becomes mandatory for you to undertake the various chemical tests to find out whether you are under the influence of drugs or alcohol while driving.

It is your right to decline a simple breathalyzer test, but the penalties may be much more massive and possibly worse than if you were found guilty. Such an action could lead to instant revocation of your driving license and may still be admitted in court.

Are You Facing a DUI Charge?

Don’t worry if you are facing DUI charges since Chamberlin Law Firm is here to help you. Contact us today at (813) 566-1660, and we will gladly take over your case. Hunter Chamberlin is experienced in identifying potential issues in DUI cases to provide the best possible defense that will most likely lead to a favorable outcome.