Orange County Under 21 DUI
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: 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 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 DUI cases.
Contact Tilden Law immediately for a free and confidential case evaluation.