Administrative Driver License Suspension
As per the guidelines below of the DHSMV, individuals under the
age of 21 who have a breath alcohol level of .02% or above are
subjected to an administrative driver license suspension under
Florida Statute 32.2616. Florida law 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:
- 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
law enforcement officer will issue the driver a temporary permit
(in the form of a uniform traffic citation, i.e. yellow ticket) effective
12 hours after issuance which is valid for 10 days, provided
the driver is otherwise eligible.
Every person under the age of 21 who is issued a citation for driving
with a breath alcohol level over the legal has the right to challenge
this suspension and petition for a temporary hardship license allowing
them to drive during the suspension period. This petition must
be filed within 10 days from the date of the ticket issuance.
DUI cases should never be handled by general criminal practice
attorneys. It takes years of DUI practice and specialized DUI
training to properly represent the rights of a client arrested
for DUI. Attorney N. Fleetwood Tilden
is in his 15th year of criminal DUI practice and is a former
Central Florida DUI Prosecutor and has handled over 1,000 criminal
Contact Tilden Law immediately for a free and confidential