Florida enhances DUI penalties when a minor is in the vehicle. For a first DUI, the fine range rises to $1,000 to $2,000, the maximum jail term rises to 9 months, and a conviction brings a 6 month ignition interlock requirement.
How a minor passenger changes a first offense
For a first DUI with a BAC under 0.15 and no minor in the vehicle, Florida's penalties include a fine of $500 to $1,000 and up to 6 months in jail. When a minor is in the vehicle, the fine range becomes $1,000 to $2,000 and the maximum jail term becomes 9 months.
An ignition interlock requirement is added as well. For a first DUI conviction with a minor in the vehicle, Florida requires the device for 6 months. Other parts of the sentence depend on the case and are set by the judge within what the law allows.
The same enhanced range as a high test result
Florida groups two situations together for this purpose: a BAC of 0.15 or higher, and a minor in the vehicle. The enhanced first offense penalties are the same for both. A driver whose result was well under 0.15, or who had no breath result at all, can still face the higher range because of who was in the car.
Each trigger depends on its own facts. One turns on a test result; the other turns on the passengers. Each can be examined separately.
What the state still has to show
The presence of a minor raises the penalties; it does not replace the need to show the DUI itself. The state still has to establish impairment of normal faculties or a breath or blood alcohol level of 0.08 or higher. The presence and age of the passenger are additional facts the state relies on for the enhanced range.
That means the usual defense review still applies: the reason for the stop, the roadside exercises, any breath test on the Intoxilyzer 8000 and its 20 minute observation period, and any video. The facts about the passenger, including how the passenger's age was established, can also be reviewed.
Concerns that sit outside the DUI case
When a child was in the car, parents often worry about matters outside the criminal case, such as custody arrangements. Those questions depend on family law and the specific facts, and they belong with a family law attorney. This article focuses on the DUI enhancement itself.
The license track also continues on its own. There are 10 days from the arrest to request a formal review hearing with DHSMV on the administrative suspension, and that deadline is the same whether or not a minor was present. DUI Lawyers Shield Firm offers a free case review for drivers facing an enhanced DUI charge.
Keep reading
- How a Florida DUI Can Affect Your Immigration Status
- High BAC DUI in Florida: When .15 Changes the Case
- Blood Test Defense in Florida DUI Cases
General information only, not legal advice. Every case depends on its own facts, and prior results do not guarantee a similar outcome.
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