Getting the call that your child has been arrested for a DUI is right at the top of the list of “worst parenting nightmares.” If you’re in this situation, you are probably experiencing a range of emotions, from disappointment and frustration to fear and anxiety. But remember, your child is probably going through the same feelings and needs your support and guidance during this time.
By understanding the legal process, the potential consequences, and the importance of open communication, you can guide your child through this stressful experience.
So Your Child Was Charged With DUI… Now What?
A single mistake can have lifelong consequences, including college rejections, employment challenges, and financial hardships. As a parent, learn the legal consequences of a DUI charge for minors and take appropriate steps to help your child navigate this difficult situation.
Seek Professional Legal Guidance And Be Prepared
An attorney who regularly handles underage DUI cases will know which of the two proceedings moves first, because there are two of them and they run on different clocks. Your lawyer will walk you through every step, but some things only you can do:
- Read Florida Statute 322.2616 and Florida Statute 316.193. Those two laws decide almost everything that happens next.
- Attend all court hearings with your child and communicate effectively with the court and other legal professionals involved.
- Request a review of the license suspension with the Florida Department of Highway Safety and Motor Vehicles within 10 days of the notice. Florida Statute 322.2616(2)(b)3. allows 10 days and no more, and Florida has no DMV, so the request goes to FLHSMV.
- Keep track of important appointments, paperwork, and communication with legal counsel.
- Encourage your child to attend therapy or counseling to help manage the emotional impact of the charge and aid in the recovery process.
Attend Therapy Or Counseling Sessions
Seeking professional help, such as meeting with a therapist or attending AA meetings, can show the court that your child is taking responsibility for their actions and is trying to make positive changes.
Therapy or counseling sessions can help them cope with complex emotions and the upcoming court case. However, the type of treatment your child attends will depend on their specific needs and circumstances following the DUI charge.
In some cases, therapists may ask their clients to sign a release of confidential information about their therapy sessions after a DUI arraignment to help develop defense strategies.
DUI Charges On A Minor
Driving under the influence is a serious offense; the consequences can be even more severe when it involves a minor. Minors charged with DUI face strict penalties depending on the state and the circumstances surrounding the arrest.
In general, though, minors are held to a higher standard than adults regarding DUI laws, as many states have "zero tolerance" policies for underage drinking and driving.
Zero Tolerance Laws
Zero tolerance laws set a much lower alcohol limit for drivers under 21 than for adults. In Florida that limit is a blood or breath alcohol level of 0.02, and it matters to know what it is not: Florida Statute 322.2616(19) says a violation of the zero tolerance law is neither a traffic infraction nor a criminal offense, and that being detained under it is not an arrest. It is an administrative license suspension. A criminal DUI charge is a separate matter that still requires proof under Florida Statute 316.193 of impairment or a level of 0.08 or higher, and a driver under 21 can face both out of the same stop.
For adults the limit in Florida is 0.08 under Florida Statute 316.193. For drivers under 21, states set the line somewhere between 0.00 and 0.02. Florida uses 0.02.
These strict laws apply in every state and reflect the severity of the consequences of drunk driving among minors.
Consequences Of A DUI Charge On A Minor
The license goes first. Under Florida Statute 322.2616(9)(b), a driver under 21 found with a blood or breath alcohol level of 0.02 or higher has their driving privilege suspended for 6 months, or 1 year if it has been suspended under the same section before. Refusing the breath test carries longer: 1 year for a first refusal and 18 months for a subsequent one. At 0.05 or higher, section 322.2616(2)(c) keeps the suspension in place until the driver completes a substance abuse course through a licensed DUI program at their own cost, and the program must report the evaluation results to the parents of a driver under 19.
Minors may also face various consequences, including fines, court costs, and other fees related to the violation. In some cases, the court may order community service, requiring the violator to complete a certain number of volunteer hours. The underage driver may also be required to attend alcohol classes, addiction counseling, or a treatment program to address the underlying issues that led to the DUI offense.
Probation may also be imposed, including regular visits with a probation officer, mandatory drug or alcohol testing, and compliance with certain court-ordered conditions. A criminal record can have a long-term impact on a minor's future prospects, such as finding a job or looking to buy a house. In certain jurisdictions, underage DUI offenders may even face jail time, especially if the offense involved an accident, injury, or death.
How A DUI Attorney Can Help
An attorney who handles underage DUI cases regularly works both tracks at once: the 10-day license review at FLHSMV and the criminal case in court. The two have different standards of proof and different deadlines, and the administrative suspension stands on its own whatever happens to the criminal charge, because Florida Statute 322.2616(15) says the disposition of the criminal case does not affect it.
The evidence gets examined the way it would be in an adult case: how the stop was made, whether the breath test device and its operator met the requirements of Florida Statute 316.1932, how the field sobriety exercises were administered, and what the officer wrote down at the time against what he or she recalls later.
In some cases, an attorney may negotiate a plea bargain on behalf of the minor, which results in a lesser charge or sentence. This can be especially beneficial for first-time offenders who may be eligible for diversion programs or other alternatives to traditional sentencing.
A DUI conviction follows a young adult into scholarship applications, military enlistment and professional licensing, and in Florida it cannot be cleared later. Florida Statute 316.656(1) forbids a court from withholding adjudication for a violation of Florida Statute 316.193, and sealing a record under Florida Statute 943.059 requires a withhold, so a DUI conviction can be neither sealed nor expunged. That is why the work that matters happens before a plea rather than after one.
Resources For Parents And Families Of DUI-Charged Minors
Various resources and programs can assist parents and families in supporting their child through the court process. Remember, communication, education, and professional counseling will help your child learn from this experience and start on the path to a better future.
Support Groups And Counseling Services
Support groups and counseling services can serve as invaluable resources for parents and families struggling with the stress and challenges associated with DUI charges. These programs provide emotional support, education, and assistance in maneuvering through the legal system, making them an important tool in coping with this challenging time.
Support groups, in particular, create an environment where people with similar experiences can come together to share stories, share effective coping strategies, and foster a sense of community. This sense of solidarity helps minors and families feel less isolated in their struggle and offers them practical advice and insight from people who have successfully navigated similar situations.
On the other hand, counseling services can provide professional support tailored to the individual needs of each family member to help them process their feelings and develop healthy coping mechanisms. For the minor facing DUI charges, counseling can also address underlying issues related to substance abuse or decision-making, ultimately contributing to personal growth and positive change.
Educational Programs And Prevention Initiatives
Prevention programs are aimed at the conversation that happens long before any arrest.
Mothers Against Drunk Driving (MADD) offer programs such as "Power of Parents" and "Power of You(th)" that give parents the tools they need to effectively discuss wise decisions with their children about drinking and driving.
The National Highway Traffic Safety Administration runs a teen driving section covering impaired driving, passenger limits and the graduated licensing rules that apply to new drivers.
The Brief Alcohol Screening and Intervention for College Students program provides young people with the tools to curb alcohol abuse and its negative consequences. These programs focus on promoting responsible drinking habits, identifying high-risk behaviors, and implementing strategies to reduce the likelihood of alcohol-related problems, including drinking and driving.
Fight Your Child’s DUI With An Experienced Attorney
If your child has been charged with a DUI in Florida, the 10-day window to challenge the license suspension starts running from the day of the stop. An attorney can take on both the FLHSMV review and the criminal case, and explain what each option actually costs before any decision gets made.
Call Weinstein Legal Team today at (888) 626-1108 or click here to email us to schedule a consultation with a DUI attorney near you.
