Underage DUI Representation You Can Trust; Attorneys You Can Rely On.

Underage DUI Defense in St. Petersburg

Former Prosecutors Defending Drivers Under 21

An alcohol-related stop involving a driver under 21 can raise two separate concerns: an immediate driving privilege suspension and a possible DUI charge. At The Fleming Law Group, P.A., we help St. Petersburg, Florida families understand that distinction while building a defense informed by the perspective of two former prosecutors.

Our attorneys have more than 40 years of combined experience, including insight into how the state attorney’s office builds cases and where its claims may be challenged. We provide committed, personalized criminal defense representation to clients accused of misdemeanors and felonies.

Call (727) 491-2637 to discuss an underage DUI or zero tolerance matter with our criminal defense attorneys.

How Florida’s Zero Tolerance Law Differs from DUI

Florida applies a lower alcohol threshold to drivers under 21. Under Florida Statute § 322.2616, a blood-alcohol or breath-alcohol reading of 0.02 or higher may lead to an administrative license suspension. That process is separate from prosecution under Florida Statute § 316.193.

The two legal standards differ in important ways:

Zero tolerance for drivers under 21: A reading of 0.02 or higher may result in an administrative suspension even when the evidence doesn’t support a DUI charge.
DUI prosecution: A driver of any age may be prosecuted for driving with impaired normal faculties or a blood-alcohol or breath-alcohol reading of 0.08 or higher.

A reading of 0.05 or higher triggers another requirement under the zero tolerance provision. Before the suspension ends, the driver must complete a substance abuse course offered through a department-licensed DUI program.

Administrative Suspensions & DUI Penalties

A first suspension under the zero tolerance law lasts six months. A subsequent suspension under the same provision lasts one year. These are administrative consequences affecting the driving privilege, not criminal convictions.

A DUI case follows a different process and carries separate potential penalties. A first DUI conviction carries a fine of $500 to $1,000 and may include up to six months of imprisonment. The test result, officer observations, available evidence, and circumstances of the stop can affect the issues in an individual case.

The 10-Day Deadline to Challenge a License Suspension

A driver subject to Florida’s zero tolerance law may receive a notice of suspension and a temporary driving permit. The permit doesn’t become effective until 12 hours after issuance and expires at midnight on the 10th day following issuance.

The driver has 10 days after the notice is issued to request a formal or informal review through the Florida Department of Highway Safety and Motor Vehicles. That proceeding concerns the suspension itself. It isn’t the same as defending a charge in court, and action in one process doesn’t automatically resolve the other.

Refusing a lawful breath test carries separate suspension periods:

A first refusal under the zero tolerance provision results in a one-year suspension.
A refusal after a prior suspension under the same provision for refusal results in an 18-month suspension.

Records & Details to Preserve After the Stop

The documents issued during the stop are central to understanding the allegation and applicable deadlines. Families should preserve the notice of suspension, citation, temporary permit, and any other paperwork the officer provided.

Important details to record include:

The sequence of events leading to the traffic stop
The officer’s questions and the driver’s responses
The instructions given before alcohol testing
The timing and method of notice issuance

Those details can affect the issues raised in an administrative challenge or DUI case. A young driver should avoid giving informal explanations about the incident before receiving legal advice. Statements made while trying to clarify what happened may later become part of the dispute.

Florida law also permits a minor under 18 who’s proven to have a blood-alcohol or breath-alcohol reading of 0.02 or higher to be taken to an addictions receiving facility when the region makes one available for that purpose. This provision is separate from the license process and any criminal prosecution.

Continue Reading Read Less

Contact Us

First Name
Please enter your first name.
Last Name
Please enter your last name.
Phone
Please enter your phone number.

This isn't a valid phone number.
Email
Please enter your email address.

This isn't a valid email address.
Are you a new client?
Please make a selection.
How can we help you?
Please enter a message.
By submitting, you agree to receive text messages from The Fleming Law Group, P.A. at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy

Proven Advocates for the Clients We Serve

Discuss the Stop in a Free Consultation

We offer a free consultation after an underage alcohol-related driving stop. We can review the available information, explain the distinction between the suspension notice and a criminal allegation, and discuss how we can protect the driver’s rights.

Our attorneys work to ensure that each client’s side of the story is presented in court. When addiction or mental health concerns are relevant, we also advocate for rehabilitation programs as an alternative to imprisonment when applicable.

Call (727) 491-2637 to speak with The Fleming Law Group, P.A. about an underage DUI in St. Petersburg.

"OUTSTANDING SERVICE"
Thank you to the staff of the Fleming Law Group for outstanding service. I am grateful for the care and attention Attorney Lucas Fleming gave my case. Calls, emails, and texts were quickly answered.

- PJ
"The Most amazing lawyer and team Amanda, Pam are the most experienced and truly leave no stone unturned!!"
This office this Team surpasses any others out there!I have known Mr Fleming for years through others and Amanda , Pam and Mr Fleming will go above in beyond and will not stop until wrongs are approached and dealt with in the most fair unclouded non judged mental way possible if you care about your loved ones or yourself this is the office and group you want and need in having you and your loved ones back..huge difference between this team than ANY other team.. Thank you !! Regards Lisa and the Boys.

- Lisa Perez
"Attorneys and staff are amazing, do everything in their best interest of the client"
Staff is great, pleasant and gets back in a very timely manner. Attorneys will do everything in their power to get the best possible outcome for your case. 10/10

- Richard Costi
"He is not only knowledgeable but truly a professional who cares."
I will forever be grateful for the help Mr. Fleming gave when I desperately needed a lawyer for a family member. He was very generous with his time and explained every step of the process. He is not only knowledgeable but truly a professional who cares.

- Beth Capozzelli
"I have no issue recommending this firm to all who are in need. Fantastic service!"
I have no issue recommending this firm to all who are in need. Fantastic service!

- Geoff
"If I didn't have them by my side, I don't know what I would have done."
They did a great job preparing my case and won because all of the things said about me were proven wrong. They were aggressive in defending me and always had my back.

- Previous Client
"I don't know what I would have done without Mr. Fleming's help."
I don't know what I would have done without Mr. Fleming's help. He truly cares about people and spent so much time with me to make sure I was making the right decision.

- Previous Client
"Mr. Fleming can help you. I don't know what I would have done without him."
I would not know what to do if it were not for his guidance.

- Kay

Read Reviews

Why Choose The Fleming Law Group, P.A.?

Decades of Experience
Our attorneys have more than 40 years of combined experience. Over the years, we have gained a renown in our field for our results and care for our clients.
Unique Backgrounds
As former prosecutors, both Attorneys Fleming and Bettker have unique perspective in the courtroom and stay one step ahead of
the opposition.
Honest Guidance
Our attorneys are not out for their best interest, but for yours. Our clients receive personalized care that is focused solely on them and their unique case.
24/7 Accessibility
There is always an attorney in the office and there is no time that we cannot be reached. We are always available via email or phone at
any time.

Contact The Fleming Law Group, P.A. Today!

We’re Ready to Help

A member of our team will be in touch shortly to confirm your contact details or address questions you may have.

First Name
Please enter your first name.
Last Name
Please enter your last name.
Phone
Please enter your phone number.

This isn't a valid phone number.
Email
Please enter your email address.

This isn't a valid email address.
Are you a new client?
Please make a selection.
How can we help you?
Please enter a message.
By submitting, you agree to receive text messages from The Fleming Law Group, P.A. at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy