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The drinking age in Florida is 21 and consumption of alcohol by anyone under 21 is illegal (with no exceptions). Because underage drinkers cause a disproportionate number of alcohol-related auto fatalities, the standards are stricter and the penalties may be harsher for those under 21.

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What constitutes driving under the influence?

If a chemical test determines that a driver under 21 has a BAC of .02% or higher, the driver can be cited for driving under the influence. (For those 21 or older, the BAC is .08%)

What are the penalties?

First DUI

Second DUI


If BAC .08%+ driver subject to jail time determined by judge

10 days to 12 months


$1000 to $2000

$1000 to $4000 depending on BAC

License Suspension

6 months

1 year

What if you refuse the chemical test? Read about Florida implied consent laws.

What other charges?

Mailboss Theft 2016 January Mail identity In addition to driving under the influence, an underage drinker may be charged with any of the following:

What happens to your insurance?

Some insurance companies may terminate a policy after an underage DUI (while others refuse to renew). Most companies simply raise the cost of the monthly premium by $100 to $200 (sometimes higher) for a higher risk policy. The raise usually stays in place for three to five years. You’ll also probably need to furnish the DMV with an SR-22 certificate to reinstate a license after suspension (as proof of insurability). Most insurance companies furnish this form to the DMV. Check with your insurer to see if it performs this service.

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