On November 28th, 2012 The Florida Association of of DUI Programs (FADP) unveiled a new billboard in Tallahassee that will shortly appear throughout the entire state of Florida. The “Be Ready for the Road Ahead” campaign has been designed to combat the high number of injuries and deaths associated with teenagers who drive while either impaired or distracted. FADP was the same group responsible for the creation of the mandatory “Drug, Alcohol, Traffic Education Program (DATE) course that new first time drivers are required to pass prior to acquiring their Florida driving privilege.
The new DUI awareness program closely follows a recent October 16th, 2012 Florida DHSMV statewide teenage event named “White Out.” In this earlier program, Florida observed “National Teen Driver Safety Week” by encouraging young drivers to wear a white tee shirt to school to show their support of efforts to curtail teenage drinking and driving. “White Out” symbolized the eradication or “white out” of teen crashes.
The billboard space has been donated by the Florida Outdoor Advertising Association, and carries a message designed to attract the attention of novice and teen drivers. The idea is to educate them on the perils associated with impaired or distracted driving. You can expect such messages along the lines of: “Is having that alcohol beverage worth it?” “Is sending that text message worth it? If its so important, pull over. Don’t do it while driving.”
15 to 20 Year Olds – The Odds are Against Them
Unfortunately, 15 to 20 year old drivers have the distinction of being at the highest risk of a motor vehicle accident over any other age group. In fact, the National Highway Traffic Safety Administration says that statistically, young motorists are three times more likely than older drivers to be involved in a car crash. Consider the following statistics:
- 250,000 people have died in alcohol and drug related accidents in the past ten years
- 500 people are killed each week in alcohol and drug related accidents
- Almost every 90 seconds. a person is injured in an impaired driving related accident
- In 2010 alone, 10,228 people were killed drunk driving accidents (one every 52 minutes)
- It is estimated that one out of every two Americans will be involved in an alcohol or drug related accident in his or her lifetime -
- Alcohol related crashes are the leading cause of death for young Americans, between the ages of 16 and 24 years old
Pinellas Underage Drinkers at Greatest Risk for DUI Arrest
Because of these frightening statistics, police departments tend to focus on young drivers. In St. Petersburg, Clearwater and the surrounding areas of Pinellas county, law enforcement officers are on a heightened alert for underage motorists who drink and drive. In 2010 alone, over 1.4 million drivers were arrested in the United States for DUI. A good number of those motorists arrested were young people who were under the legal drinking age.
Sometimes it can be like “fishing in a barrel.” Consider that at nighttime, one in twelve drivers on the road are said to be impaired. That number jumps to one in four after 11 PM in those geographic areas that have a high concentration of bars. Given that young people are both more likely to patronize drinking establishments and to stay out late, it is no surprise that arrests after 11 PM often involve underage drinkers or a younger demographic. Local law enforcement officers have regularly been employing late hour roving “Wolf Packs” and DUI Sobriety Checkpoints to snare these unsuspecting young drivers.
Young DUI Offenders… the View From the Bench
Judges consider impaired teens likely to be later involved in an alcohol related crash. For that very reason, when a young person facing a DUI charge appears before a Pinellas county judge, there can often be additional scrutiny applied in their case. The judge’s concern can be multifaceted. Certainly the aforementioned statistics support the court’s fear that the facts of the case could have been far worse, i.e. an accident involving serious injury or death. There is also the concern that the young adult may be showing signs of an early addition to alcohol or drugs. Many judges believe that if such an addiction issue is not dealt with in a timely fashion, they may be setting the youth up for a lifetime of addiction. This can often lead to a revolving door of involvement within the criminal justice system.
Adult Activity Equals Adult Court
Many parents are surprised to learn that their son or daughter’s case will not be assigned to the Juvenile Division of the Pinellas County Criminal Court system. Whereas the juvenile court system is focused on rehabilitation, the adult system is designed to punish the offender. The Florida legislature long ago made the decision to treat underage DUI offenders as an adult. Florida Statute ss. 26.012(2)(c) provides that juveniles charged with a traffic ticket for a simple infraction, or criminal traffic offense (such as DUI, Reckless Driving, Racing on a Highway, Leaving the Scene of an Accident with Property Damage or Injury) fall under the jurisdiction of the adult court.
Zero Tolerance in Florida for Underage Drinking & Driving
In 1996, the Florida Legislature established the state’s “Zero Tolerance Law” which prohibits a person under the age of 21 from consuming any amount of alcohol and then operating a motor vehicle. The “Zero Tolerance Law,” found in Florida Statutes ss. 322.2616, allows law enforcement to “detain” and administer a breath test to any driver under 21 whom they suspect of having consumed alcohol. If a motorist under the age of 21 submits a breath test reading of .02 or higher, they face an automatic administrative driver license suspension for a period of six months. On the other hand, an under-21 driver who refuses to submit a breath test, faces an automatic driver license suspension of at least 12 months. The law further states that a violation of the “Zero Tolerance Law” is “neither a traffic infraction or a criminal offense, nor does being detained “ constitute an arrest. See: Florida Statutes ss. 322.2616(19) Instead, “Zero Tolerance” violations are treated as administrative proceedings and are handled solely by the Florida DHSMV, outside the criminal court system.
As the above demonstrates, it is therefore completely possible, if not relatively common, for an under-21 driver to suffer a driver license suspension simply for having consumed some small amount of alcohol and to not even have been arrested for DUI. It is of course, also possible for an under-21 driver to be arrested for a DUI and be treated in the same fashion as an adult.
The law allows an individual to fight an administrative driver license suspension at the DHSMV regardless of whether there is a related DUI “criminal” case pending in court. Our office is experienced in handling these “Formal Administrative Review Hearings.” In fact, given the somewhat unusual features of the “Zero Tolerance” law, these types of under-21 administrative driver license suspension cases can be vulnerable to a well-formulated legal strategy designed to get your driver’s license back.
What to do if Your Son or Daughter is Arrested for DUI
1. Don’t panic or allow your emotions to interfere with your need to take the proper steps in addressing this problem. After all, your son or daughter never formed a criminal intent to violate the law as is often the case with most other criminal offenses. To the contrary, their consumption of alcohol simply caused them to exercise a poor choice or judgment when they made the inappropriate decision to get behind the wheel after consuming alcohol.
2. If your son or daughter was arrested within only the last few hours, (as opposed to being administratively cited with a violation of Florida’s Zero Tolerance law,) you will not be able to post a cash bond at the jail or use the services of a bail bondsman through a surety bond to secure their immediate release. That is because Florida Statutes Section 316.193(9) prohibits their release from the Pinellas County Jail until they are no longer under the influence of alcohol or any chemical substance. Typically, this means that the Pinellas County Sheriff’s Department will hold them for an 8 hour period subsequent to their arrest, or until their breath alcohol level falls below a .05.
Compared to state prison, the county jail is considered a relatively safe place. Although your child will most likely suffer some anxiety over being arrested and incarcerated, it is highly unlikely that they will be physically harmed. In this respect, you should not burden yourself with nervousness, worry or undue concern. Absent the elements of an automobile crash, coupled with serious bodily injury or death, your child’s stay in the county jail will most likely be only for a brief period of time.
3. If the vehicle your son or daughter was driving has been towed to an impound lot, you should make timely arrangements to secure its release. That is because the towing company will not only be entitled to a fee for the services they rendered in towing the vehicle, but you will also incur a daily storage fee as well.
You should contact the law enforcement agency that was connected to the case and inquire if the car was towed, or simply secured at the location of the vehicle stop. If the vehicle was towed, you should inquire if a “property release form” is both required and available at the law enforcement agency for you to deliver to the towing company. The towing company will speak to you over the phone about their fees and whether the names on the vehicle’s registration will permit them to release the vehicle directly to you. For example, if the car is registered in only your child’s name, your efforts to unilaterally secure the release of the vehicle might prove difficult.
4. Promptly schedule your son or daughter for a free consultation with the lawyers in our office. We would encourage your attendance, as well. It is important that your family avoid the 5 most common mistakes made by people facing a DUI charge. We can properly evaluate the strengths and weaknesses of your child’s DUI case, safeguard their privilege to drive and give you advice on how getting a head start on DUI obligations could save you time and money.
At Russo & Russo, we represent clients who are charged with a DUI arising out of St. Petersburg, Clearwater, or other areas of Pinellas County. As former state prosecutors and highly experienced DUI attorneys, we can help!
Get Pinellas County DUI Help at: : www.duistpetersburglawyer.com
Learn More About Criminal Defense Solutions: www.defensehelp.com
Free Consultation: 727-578-0303
Attorney Tim Sullivan is an official Pinellas County Juvenile Criminal Court Diversion Arbitrator.
Watch Our Videos:
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Pinellas DUI Roadblocks and Sobriety Checkpoints
Related Website Articles:
Getting Your Pinellas DUI Reduced
FAQ Regarding DUI
Florida DUI Penalties
Fathers Against Drunk Driving
Doctors for Designated Driving
Students Against Drunk Driving
Official US Government Website for Distracted Driving
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