Administrative Suspension of Persons Under the Age of 21
Our criminal defense lawyers at the Law Offices of Leifert & Leifert have over 50 years of combined experience in defending DUI cases; we’ve handled cases of all different types and represented clients of all backgrounds and ages. One thing we’ve become particularly familiar with as practicing criminal defense attorneys in Palm Beach, Broward and Miami-Dade County is the issue of administrative suspensions with regard to people under the age of 21 who have been found guilty of driving with an alcohol level of .02 or above.
While the “legal limit” for adults in the state of Florida is .08, as it is most everywhere else in the country, the legal limit for people under the age of 21 is far lower. Because people under the age of 21 aren’t legally allowed to drink, instead of having a legal limit of .08 as a barometer for DUI, those who are under 21 years of age have a far lower limit: .02.
Our Palm Beach and Broward County DUI defense attorneys also know that section 322.2616 of the Florida State Statutes 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 that they submit to a test to determine the alcohol level. Be aware that the detained individual has a legal right to refuse to submit to such a test. It is also important to note that, while law enforcement officers are allowed to detain a minor and request that they submit to an alcohol-level test, such a detainment is not considered an arrest.
Having handled a plethora of cases in which our clients, being under the age of 21, have faced an administrative suspension as a result of driving and/or being in control of a motor vehicle with a blood alcohol level at or above .02, our lawyers know that the penalties regarding license suspensions in these types of cases are fairly straight-forward:
First Suspension for Persons Under the Age of 21 With An Alcohol Level .02 or Above: 6 months.
Second or Subsequent Suspensions for Persons Under the Age of 21 With an Alcohol Level of .02 or Above: 1 year.
First Suspension for Refusal to Submit to Breath Test: 1 year.
Second or Subsequent Suspensions for Refusal to Submit to Breath Test: 18 months.
The suspensions outlined above are 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 as deemed adequate by the court. Upon suspending the individual’s license, the law enforcement officer will issue the driver a temporary permit, effective 12 hours after issuance, which is valid for 10 days, provided the driver is otherwise eligible.
Being arrested for DUI can have profound implications on your livelihood. If you’ve been arrested for or charged with driving under the influence in Palm Beach, Broward or Miami-Dade County, contact us to see how we can help you. Our lawyers have decades of experience in defending cases just like yours. To schedule a free consultation, please call us at 1-888-5-DEFEND (1-888-533-3363).