Administrative Suspension of Persons Under the Age of 21 for Driving With an Alcohol Level of 0.02 or Above:
Section 322.2616, F.S., 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: six (6) months
Second or Subsequent Suspensions: one (1) year
First Suspension for Refusal to Submit to Breath Test: one (1) year
Second or Subsequent Suspensions for Refusal: eighteen (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 office will issue the driver a temporary permit effective twelve (12) hours after issuance which is valid for ten (10) days, provided the driver is otherwise eligible.
Administrative Suspension Law - s.322.2615, F.S., s.316.193, F.S., s.316.1932, F.S.
First Suspension for Driving with an Unlawful Alcohol Level (.08 or above): six (6) months
Second or Subsequent Suspensions for Driving With An Unlawful Alcohol Level (.08 or above): one (1) year
First Suspension for Refusal to Submit to Breath, Urine or Blood Test: one (1) year
Second or Subsequent Suspensions for Refusal: eighteen (18) months
The suspension is effective immediately. The officer will issue the drive a temporary permit valid for ten (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): six (6) months disqualification
Second or Subsequent Disqualification for Driving a Commercial Motor Vehicle With an Unlawful Blood Alcohol Level (.04 or above): one (1) year disqualification
First Disqualification for Refusal to Submit to Breath, Urine or Blood Test Arising from the Operation of a Commercial Motor Vehicle: one (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 ten (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 twenty-four (24) hours of disqualification.
