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.02 SUSPENSION – UNDERAGE DRINKING If you are under the age of 21 and provide a breath sample above a .02, your driver’s license will be suspended for a period of 6 months. If you refuse to provide a breath sample, your driver’s license will be suspended for a period of 1 year. Pursuant to Section 322.2616 (b), Florida Statutes, “a law enforcement officer who has probable cause to believe that a motor vehicle is being driven or is in actual physical control of a person who is under the age of 21 while under the influence of alcoholic beverages or who has any blood alcohol or breath alcohol level may lawfully detain such a person and may request that this person submit to a test to determine his or her blood alcohol or breath level”. The suspension of your license is purely administrative in nature, which means you are not being charged with criminal DUI. HOWEVER, THE LICENSE SUSPENSION IS EFFECTIVE IMMEDIATELY!! Although you are eligible to drive with the issued citation for a period of 10 days following its issuance, assuming your license was valid at the time, the appropriate paperwork must be filed with the DHSMV to challenge the suspension of your license. Even though you are not being charged with a criminal offense, the appearance of a .02 violation on your driving record can have very serious consequences. The fact that you are underage and the officer took your license, there is still the opportunity to challenge your license suspension. Our attorneys can immediately file paperwork with the Florida Department of Highway & Safety Motor Vehicles and obtain a hearing to determine whether the officer complied with the rules when your license was taken. When we file the paperwork to challenge your license suspension, our lawyers will get a temporary driving permit for you, if your license was valid at the time the suspension was issued. The driving permit is restricted in use. It can only be used to travel to work, church, school and medical appointments. The permit will be valid for the duration of the time that it takes to have a hearing and obtain a ruling on the suspension of your license. If successful at the administrative hearing, the .02 violation and suspension of your license will be invalidated and not appear on your driving record. This is very important because as a young driver, there can be serious consequences to having an alcohol related suspension on your driving record. If you or someone you know needs assistance with a .02 suspension, criminal charge, DUI, drunk driving or driving with a suspended license charge, it is imperative that you contact an experienced attorney immediately. You have TOO MUCH AT STAKE not to protect your legal rights. |
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