Administrative Suspension of Persons Under the Age of 21 for Driving With an Alcohol Level .02 or Above
If a Florida law enforcement officer has probable cause to believe that a driver under the age of 21 is operating a motor vehicle while under the influence of alcohol and/or drugs, the officer may detain the driver and request that they submit to a chemical test to determine their blood alcohol or breath alcohol level. This violation is not considered a traffic infraction or a criminal offense, and being detained under this statute does not constitute an arrest.
A driver under 21 who is detained and found to have an alcohol level of .02% or greater shall face license suspension for 6 months, for a first offense. A second or subsequent violation may result in a 1 year suspension.
A driver under the age of 21 who refuses to submit to a breath test will face driver's license suspension for 1 year. A second or subsequent refusal will result in an 18 month suspension.
If a driver under 21 has a breath or blood alcohol level that is .05% or greater, driver's license suspension will stay in effect until the driver completes a substance abuse evaluation and course. The officer will issue the driver a temporary permit, effective 12 hours after it has been issued, which will be valid for 10 days.