DUI Under 21


Attorney Heiko Moenckmeier 407.504.1384

If you or a loved one were arrested for a DUI under age 21 in Orlando/Orange County Osceola County, Brevard County, Seminole County, or Volusia County you need to KNOW the following:

Someone arrested under the age of 21 for DUI is certainly in a pickle. The consequences are worse for a youngster, and the standard of evidence is lower as well.

As we mostly know, in Florida, the legal age to purchase and consume alcohol is 21 years old. It is a crime for a minor to possess or consume alcohol, and it is a crime to to sell or give alcohol to a minor. Thus it logically follows that it is unlawful for a ‘minor’ to operate a motor vehicle under the influence of alcohol (or drugs).

  • Normally we think of the alcohol legal limit standard as .08, but for people under the age of 21, the legal limit is .02 breath alcohol content.
  • If your BAC is between .02 and .05, your license MAY be suspended.
  • If your BAC is above a .05, your license will be suspended (administratively), if you don’t elect to fight the Administrative Suspension.
  • Otherwise, a substance abuse class (and enrollment in recommended treatment) must be taken in order to get the driving privilege back.

The State of Florida will have to prove that you were Under the Influence of Alcohol (or a controlled substance) beyond your normal faculties, and of course, that you were under the age of 21 (that’s the hardest part to beat, the others tend to be much more manageable, as those are questions for the jury!)

There are many defenses to UnderAge DUI charges in Central Florida (and of course the rest of Florida, but I’m here and so are you, and we’re close to each other)… Motions to Suppress Unlawfully obtained Evidence, Bad Stops, Necessity, or Diversion.

Call Under 21 DUI lawyer Heiko Moenckmeier for your free initial consultation at 407.504.1384, to discuss your case, and your defenses.

It is important to hire an experienced DUI attorney such as Mr. Moenckmeier, and not to roll the dice with the court system on your own (the Court system does a great job of screwing those without an attorney to say, hey, don’t do that! “He who represents himself has a fool for a client.”) or even to waste your money and hire a ‘cheap’ attorney who has never done a DUI in their life. Never good to be the first client in a case where the stakes are this high.

There are of course many ways to fight a DUI, and attorney Moenckmeier strives to be on the cutting edge of DUI defense, by attending seminars, filing new and creative motions, and of course, doing lots of DUI cases and getting better at them.