call for a FREE consultation
352-742-9090 · 407-831-1956

Minors Charged With DUI

Administrative Suspension of Persons Under the Age of 21 for Driving With an Alcohol Level .02 or Above

Section 322.2616, Florida Statutes, authorizes law enforcement officers having probable cause to believe that a motor vehicle is being driven by or is in the actual physical control of a person who is under the age of 21 while under the influence of alcoholic beverages or who has any alcohol level may lawfully detain this person and may request them to submit to a test to determine the alcohol level. This violation is neither a traffic infraction nor a criminal offense, nor does being detained under this statute constitute an arrest.

  • First Suspension for Persons Under the Age of 21 With An Alcohol Level .02 or above: 6 months.
  • Second or Subsequent Suspensions 1 year.
  • First Suspension for Refusal to Submit to Breath Test: 1 year.
  • Second or Subsequent Suspensions for Refusal: 18 months.
  • The suspension is effective immediately. If the breath or blood alcohol level is .05 or higher the suspension shall remain in effect until completion of a substance abuse evaluation and course. The officer will issue the driver a temporary permit effective 12 hours after issuance which is valid for 10 days, provided the driver is otherwise eligible.

Administrative Suspension Law – 322.2615, F.S., 316.193, F.S., 316.1932, F.S.

  • First Suspension for Driving With an Unlawful Alcohol Level (.08 or above): 6 months.
  • Second or Subsequent Suspensions for Driving With an Unlawful Alcohol Level (.08 or above): 1 year.
  • First Suspension for Refusal to Submit to Breath, Urine or Blood Test: 1 year.
  • Second or Subsequent Suspensions for Refusal: 18 months.
  • The suspension is effective immediately The officer will issue the driver a DUI Uniform Traffic Citation which will serve as a temporary permit valid for 10 days from the date of arrest, provided the driver is otherwise eligible.

Administrative Disqualification Law

  • First Disqualification for Driving a Commercial Motor Vehicle With an Unlawful Blood Alcohol Level (.04 or above): 6 months disqualification
  • Second or Subsequent Disqualification of Driving a Commercial Motor Vehicle With an Unlawful Alcohol Level (.04 or above): 1 year disqualification.
    First Disqualification for Refusal to Submit to Breath, Urine or Blood Test Arising from the Operation of a Commercial Motor Vehicle: 1 year disqualification.
  • Second or Subsequent Disqualification for Refusal to Submit to Breath, Urine, or Blood Test Arising from the Operation of a Commercial Motor Vehicle: permanently disqualified.
  • The disqualification is effective immediately upon refusal of the breath, urine or blood test or determination that the driver has a blood alcohol level of .08 or above, while operating or in actual physical control of a commercial motor vehicle. The officer will issue the driver a temporary permit which is valid for 10 days from the date of arrest or disqualification, provided the driver is otherwise eligible. However, the permit does not authorize the operation of a commercial motor vehicle for the first 24 hours of disqualification.