Pasco County Underage DUI Lawyer
In Florida, a driver under 21 can be arrested and have a license suspended without being impaired in the way most people picture, because the law treats a much lower alcohol reading as a violation for underage drivers. King Law Group is a criminal defense firm that handles DUI and other charges for adults and juveniles across Pasco County, Pinellas County and the Tampa Bay area, and a Pasco County underage DUI lawyer from the firm can step in before a single court date is set.
The charge that follows a stop of a young driver in Pasco often starts with a roadside question, a breath sample, and a quick decision made in a parking lot off US 19 or State Road 54. Those first few minutes shape the case. Whether the officer had a lawful reason to stop the car, how the breath test was given, and what the driver said can matter more than the number on the machine.
Young drivers also carry things older defendants may not: a first-ever arrest, a scholarship or enlistment plan, a part-time job that depends on a license, and parents who are worried and unsure what to ask. A case like this deserves a plan built around the whole life of the person charged, not just the charge.
Why Choose King Law Group for an Underage DUI Defense
King Law Group is a Tampa Bay criminal defense firm led by founder Cameron King, a former felony prosecutor for the Sixth Judicial Circuit, which covers Pasco and Pinellas Counties. The firm’s practice is focused solely on criminal defense. It represents adults and juveniles in DUI, drug, theft, domestic violence, weapons and probation cases throughout West Pasco, East Pasco and Pinellas County, and it handles matters from pre-arrest investigation through trial and record sealing. The first consultation is free, and the phone is answered 24/7.
Cameron handled thousands of cases as a prosecutor, from murder, manslaughter and armed robbery to DUI, drug possession and domestic violence. That background matters in an underage DUI. He knows how the State Attorney’s Office looks at a young driver’s first arrest, what evidence prosecutors lean on, and where a stop or a breath test is open to challenge. He earned both his undergraduate business degree and his law degree at Florida State University, and he later practiced criminal defense at a prominent litigation firm before turning to defense work full time in his home community.
Clients describe him as honest, straightforward and quick to return calls. Reviews on the firm’s site mention that he explains each step, listens to the details, and keeps people informed. For a family sitting at the kitchen table at midnight after a call from the jail, that kind of communication is not a small thing.
Not every case is about proving innocence. Sometimes the right outcome is a reduced charge, a withheld adjudication, or a diversion program that ends in dismissal. The firm looks for the best realistic result, then pursues it, whether that means negotiating, filing motions to suppress, or trying the case.
How Florida Treats Underage Drivers Who Drink and Drive
- Zero tolerance violation: Florida has a separate rule for drivers under 21, and a driver can face a license suspension for a very low breath alcohol reading even where the standard DUI threshold is not met. This administrative action runs apart from any criminal case.
- Standard DUI under s. 316.193: A driver of any age who is impaired, or whose breath or blood alcohol is .08 or higher, can be charged with DUI. A first offense carries a fine of $500 to $1,000 and up to 6 months in jail.
- Property damage or injury: A DUI that causes or contributes to damage to another person’s property or to another person is a first-degree misdemeanor, which can mean up to a year in jail and a fine of up to $1,000.
- DUI manslaughter and serious injury: A DUI involving a death is at least a second-degree felony, carrying up to 15 years, and other felony tiers can apply with serious injury.
- Breath test refusal: A first refusal brings a one-year license suspension, and under the current implied consent law a first refusal of a breath or urine test is itself a second-degree misdemeanor.
- Ignition interlock: A court may order an interlock device for at least 6 continuous months when the alcohol level at the time of the offense was .08 or higher.
- Mandatory conditions: Every DUI offender is placed on monthly reporting probation and must complete a DUI program course, including a psychosocial evaluation.
What To Do After a Young Driver Is Stopped or Arrested in Pasco
Start by staying quiet. A driver does not have to answer questions about where they were, what they drank or who they were with, and should say politely that they want a lawyer. Declining roadside field exercises and consenting to no searches are choices too, though a refusal to take a breath test carries its own license consequences, so that decision is worth talking through with counsel as early as possible.
If the driver is arrested, the Pasco Sheriff’s Office, the New Port Richey Police Department, the Port Richey Police Department or the Florida Highway Patrol will usually have made the stop. People arrested in Pasco are generally booked into the county jail in Land O’ Lakes, and a first appearance before a judge follows within about 24 hours. That hearing decides release and conditions, and a lawyer who is already involved can argue for a lower bond or release without money bail.
Adult-age cases, including drivers who are 18 to 20, are heard in Pasco County Court if they are misdemeanors, and in Pasco Circuit Court if they are felonies. Most West Pasco matters are heard at the West Pasco Judicial Center in New Port Richey, while others are heard at the Robert D. Sumner Judicial Center in Dade City. A driver under 18 may be handled in juvenile court, which follows different rules.
Write down everything remembered while it is fresh: why the car was stopped, what the officer said, how many tests were given, whether there was a wait before the breath test, and who was present. Keep any paperwork from the arrest, including the notice of license suspension, because the deadline to challenge the suspension is short and runs from the notice. Do not post about the arrest online, and do not discuss it with friends who could later be witnesses.
A common mistake is assuming the license issue will sort itself out after the criminal case. It will not. The administrative suspension moves on its own clock. Another mistake is pleading at the first hearing to get it over with. A plea can carry a conviction even where adjudication is withheld, and a conviction can affect insurance, school, jobs and future sealing.
Defenses and Outcomes in an Underage DUI Case
The stop itself is the first place to look. Police need a lawful reason to pull a car over, and a young driver in a certain car at a certain hour is not a lawful reason on its own. If the stop fails, evidence that followed it can be thrown out.
Breath testing is the next target. Machines must be maintained, operators must follow set procedures, and a person must be observed for a period before blowing. Mouth alcohol, medical conditions, and timing between the last drink and the test can all affect a reading. Field sobriety exercises are subjective, and results on a gravel shoulder at night, in street shoes, with traffic passing, are open to question.
Many underage cases are resolved without a conviction, and that is often the goal. Depending on the facts and the driver’s record, outcomes can include a reduced charge, a withheld adjudication, or a pretrial diversion program that leads to dismissal. Because Florida limits a person to sealing or expunging one arrest record, keeping a first offense off a permanent record can be worth protecting carefully.
Collateral effects deserve attention early. A DUI conviction brings a license revocation of at least 180 days and up to one year for a first offense, and a second conviction within five years brings at least five years. Those consequences can end a part-time job that depends on driving, and they can complicate college and military plans.
Questions About Underage DUI in Pasco County
Can a driver under 21 be charged if their blood alcohol was under .08?
Yes, in two ways. Florida’s rule for underage drivers can lead to a license suspension at a much lower reading, and a driver can also be charged with DUI if an officer believes alcohol impaired normal faculties, even with a reading below .08.
Will an underage DUI be a felony?
A typical first DUI is a misdemeanor. It becomes a felony in situations such as a death, which is at least a second-degree felony, or serious bodily injury, and in some repeat-offense situations.
What is the penalty for a first DUI conviction in Florida?
A first conviction carries a fine of $500 to $1,000, up to 6 months in jail, monthly reporting probation, a DUI program course and a license revocation of at least 180 days but no more than one year. These apply to young drivers as well.
Should my child refuse the breath test?
Refusal has its own penalties. A first refusal brings a one-year license suspension, and under the current law it is also a second-degree misdemeanor. The decision in the moment is hard, which is why it helps to talk to a lawyer before an arrest ever happens.
Does the court automatically order an ignition interlock device?
Not automatically. A court may order an interlock for at least 6 continuous months when the alcohol level at the time of the offense was .08 or higher, and other facts can also lead to one.
Is a lawyer worth it for a first-time underage DUI?
Usually, yes. A first conviction can carry jail exposure, a license revocation and a record that blocks future sealing. A lawyer can challenge the stop and the test and pursue options like diversion that a person representing themselves often does not know exist.
Will an underage DUI show up on background checks?
An arrest and a conviction can both appear. If the case ends with charges dropped or dismissed, the arrest may be eligible for expungement. If adjudication was withheld, sealing may be possible, and expunging later requires the record to have been sealed for at least 10 years.
How long does an underage DUI case take in Pasco courts?
It depends on whether the case is a misdemeanor in county court or a felony in circuit court, how much evidence needs to be reviewed, and whether motions are filed. A case with a contested stop or test generally takes longer than a quick plea, and rushing is rarely in the client’s favor.
Can an underage DUI affect scholarships, enlistment or professional licenses?
It can. A conviction may raise questions with schools, employers, the military and licensing boards. Those consequences should be weighed before any plea is considered, since certain outcomes protect a record better than others.
What if my child was a passenger and the driver was drinking?
A passenger is generally not charged with DUI. But a passenger who is under 21 may face other issues, such as an underage possession allegation, so it is worth speaking with a lawyer before giving any statement to police.
Can parents be in the room when a young adult talks to police?
For an adult, the right to remain silent and to an attorney belongs to the person arrested. A parent cannot waive it for them. The best step is for the young person to decline questions and call a lawyer.
Serving Underage DUI Clients Across Pasco County
From New Port Richey and Port Richey, King Law Group defends young drivers charged across West Pasco, including Hudson and Bayonet Point to the north and Holiday and Trinity to the south. The firm also serves Elfers, Jasmine Estates and Beacon Square, and it takes cases arising anywhere in Pasco County, including those heard in Dade City.
Just across the county line, the firm represents clients in Tarpon Springs and Palm Harbor, where arrests are prosecuted by the same State Attorney’s Office. It also defends drivers in Pinellas County, including Clearwater, Largo, Dunedin and St. Petersburg, along with the broader Tampa Bay area. Because Pasco and Pinellas share the Sixth Judicial Circuit, experience in one county carries directly into the other.
Talk With a Pasco County Underage DUI Attorney Today
A first arrest does not have to define a young person’s future, but the choices made in the first days often do. If a son or daughter has been stopped, tested or arrested, a Pasco County underage DUI attorney from King Law Group can review the stop, the testing and the license deadlines, and explain the realistic options.
Call King Law Group any time, day or night, to schedule your free consultation. The firm’s phone is answered 24/7, and the sooner a lawyer is involved, the more can be done about the license, the bond and the case itself.