Florida .02 Law - Under 21 Administrative Suspension of Driver's License
In Florida, the legal drinking age is 21 years old. Like most states, Florida allows for the Department of Highway Safety & Motor Vehicles to administratively suspend the license of a person under 21 years old who is driving while impaired. This supension is typically referred to as a .02 violation.
Florida statute 322.2616 states, if a law enforcement officer has probably cause to believe that a motor vehicle is being driven by someone under 21 while under the influence of alcoholic beverages, the law enforcement officer may detain the person and request they submit to a breath test.
In most jurisdictions within Florida, including Sarasota, Charlotte, Manatee, Pinellas, Hillsborough, and Polk, the law enforcement officer usually observes a driving pattern which leads him or her to believe the driver is impaired and then initiates a traffic stop to make contact with the driver.
The officer will typically have a portable breath test, referred to as a 'PBT.' The breath test is usually administered to the driver "in the field." The PBT does not go through the rigorous inspections that the intoxilyzer 8000 is subjected to, the machine usually used for arrests for DUI.
A .02 violation is not criminal case nor is it a civil infraction. Instead, it is an administrative suspension of the driver's license between the motorist and the DMV. The suspension time varies depending on whether the person provided a breath sample or refused to provide a breath sample. For example, if the person refuses to take the test, their license will be suspended for one year. If they provide a breath sample, their license would be suspended for 6 months. In either case, the person has the opportunity to challenge this supension by hiring a lawyer.
If the breath sample provided is over the legal limit of .02 but lower than .05, and the DHSMV upheld the suspension, then the driver must complete complete a traffic law and substance abuse course before being eligible to reinstate his/her license. If the driver blew .05 or higher and the DHSMV upheld the license suspension, then the driver will need to complete DUI school and any recommended referral counseling.
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