Our DUI defense lawyers at the Law Offices of Leifert & Leifert have over 50 years of combined experience in defending drunk driving cases. We’ve handled cases of all different types and represented clients of all backgrounds and ages. One thing we have become particularly familiar with as practicing defense attorneys 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 are not 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 of .02. If you or your child is facing the revocation of their driving privileges, speak with a Ft. Lauderdale underage license suspension lawyer.
How Long Do Underage License Suspensions Last?
Section 322.2616 of the Florida State Statutes authorizes law enforcement officers who have probable cause to believe that a motor vehicle is being driven by a person who is under the age of 21 who is under the influence of alcohol, 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.
Our attorneys in Ft. Lauderdale have handled a plethora of cases in which our clients are under the age of 21 and are facing license suspension as a result of DUI charges. 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. 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.
Reinstatement of a License After Underage DUI Charges
Those who are underage at the time of their license suspension must complete a traffic law and substance abuse course before being able to get their driving privileges reinstated. 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. Our lawyers in Ft. Lauderdale could help someone who is underage with their license suspension by guiding them through the reinstatement process. All drivers under the age of 21 must serve a minimum of 30 days without a driver’s license before they are eligible for reinstatement.
Contact a Ft. Lauderdale Underage License Suspension Attorney
Being arrested for DUI can have profound implications on your livelihood. If are under 21 and have been arrested for driving under the influence, contact our Ft. Lauderdale underage license suspension lawyers to see how we can help you. Our lawyers have decades of experience in defending cases just like yours.