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People under 21 who drive in Florida with a blood or breath alcohol level of 0.02% or higher may face a driver’s license suspension, according to Section 322.2616 of the Florida statutes.
How long is a driver’s license suspended for alcohol
Section 322.2616 sets out two suspension periods for anyone under 21 who drives with an alcohol level of 0.02 or higher:
- First offense: a six-month suspension.
- Second offense: the driver can lose the privilege to drive for one year.
Subsection (2)(b)1.b. of the law states: “The person’s driving privilege is suspended for a period of 6 months for a first violation, or for a period of 1 year if the person’s driving privilege has been previously suspended”.
This provision also covers refusing to submit to a lawful breath test. In that case, the first refusal can result in a one-year suspension, while a second refusal can be extended to 18 months.
What happens if police stop someone under 21 with alcohol in their blood
Florida law - subsection (1)(b) of Section 322.2616- authorizes law enforcement officers to stop the driver when they have probable cause to believe a person under 21 is driving under the influence of alcohol or has some level of alcohol in their blood or breath.
If the result reaches or exceeds the 0.02 threshold, the officer must begin the administrative suspension of the driving privilege on behalf of the Florida Department of Highway Safety and Motor Vehicles.
The process includes two immediate steps: taking the driver’s license and issuing a notice of suspension. In addition, if the driver meets the legal requirements, they may receive a 10-day temporary driving permit. It should be noted that this document does not take effect automatically: 12 hours must pass from the time it is issued, and it expires at midnight on the 10th day after the date of issuance.
How to get your license back after a suspension
The law allows the driver to request an administrative review to challenge the suspension. To do so, they have 10 days from the date the notice is issued.
According to subsection (2)(b)3, the person may request a formal or informal review before the department, whose officials will examine the elements related to the suspension:
- In an informal review, the official reviews the documents submitted by the officer and the driver. The rules say neither one needs to be present.
- A formal review includes a hearing in which testimony, evidence, and witnesses may be presented. The driver also has the option of subpoenaing the officer involved in the case or the person who administered the alcohol test.
Keep in mind that requesting a review does not automatically stop the suspension.