Under-21 DUI in Florida: The 0.02 Rule, License Suspension and What to Do

In Florida, a driver under 21 with a breath- or blood-alcohol level of 0.02 or higher faces a six-month administrative license suspension for a first violation under section 322.2616, even though that alone is not a crime. A criminal DUI charge under section 316.193 is separate and can be filed if the driver is impaired or at 0.08 or higher, and either track has a 10-day deadline to request review of the suspension.

This page explains both tracks for young drivers stopped in Sarasota and Manatee counties. The Law Offices of Daniel D. Nawara, P.A. handles only criminal defense. Daniel D. Nawara is a former Assistant State Attorney in Florida's Twelfth Judicial Circuit, which covers Sarasota, Manatee and DeSoto counties.

Two different things: "zero tolerance" vs. criminal DUI

The 0.02 administrative suspension (s. 322.2616). It is unlawful for a person under 21 to drive or be in actual physical control of a vehicle with a breath- or blood-alcohol level of 0.02 or higher. The statute says a violation "is neither a traffic infraction nor a criminal offense," and being detained under it is not an arrest. The consequence is administrative: the officer takes the license, issues a notice of suspension, and the action is recorded on the driving record. The suspension is:

6 months for a first violation at 0.02 or higher.
1 year if the license was previously suspended under this section for a 0.02 violation.
1 year for refusing a lawful breath test, or 18 months if the license was previously suspended under this section for a refusal.

At 0.05 or higher, the suspension lasts until the driver completes a substance abuse course from a state-licensed DUI program, which notifies parents or guardians of drivers under 19 of the evaluation results (s. 322.2616(2)(c)).

Criminal DUI (s. 316.193). Anyone, at any age, commits DUI by driving or being in actual physical control while impaired by alcohol or drugs, or with a breath- or blood-alcohol level of 0.08 or higher. A young driver at 0.04 can still be charged with DUI if the State claims impairment; section 322.2616 "does not bar prosecution under s. 316.193."

If FLHSMV suspends the license under the adult statute (s. 322.2615) for a DUI arrest, it may not also suspend under the under-21 statute for the same episode.

License consequences at a glance

Under 21, 0.02 to below 0.08, no DUI arrest: 6-month administrative suspension for a first violation (s. 322.2616).
Under 21, refused the breath test in a zero-tolerance stop: 1-year suspension for a first refusal (s. 322.2616).
DUI arrest at 0.08 or higher (any age): 6-month administrative suspension for a first offense (s. 322.2615).
DUI arrest with a refused breath, blood or urine test: 1-year suspension for a first refusal (s. 322.2615).
DUI conviction: court-ordered revocation of at least 180 days and up to 1 year for a first conviction (s. 322.28).

After a 0.02 suspension, a business-or-employment-only license may be available, but only after 30 days have passed from the expiration of the last temporary permit (s. 322.2616(11)). See our hardship license guide.

Refusing the test when you are under 21

Refusing the breath test requested under section 322.2616 leads to a 1-year suspension (18 months after a prior refusal suspension under that section). The test may be given on a device from the U.S. Department of Transportation's list of evidential breath devices, not only the station instrument (s. 322.2616(17)).

Refusal can also be a crime, but only in a DUI arrest. Since October 1, 2025, chapter 2025-121 (HB 687) makes a first refusal of a lawful breath or urine test after a DUI arrest a second-degree misdemeanor. A later refusal by someone whose license was previously suspended for refusal is a first-degree misdemeanor (s. 316.1939). That criminal statute requires a lawful DUI arrest and specific warnings. A zero-tolerance detention by itself is not an arrest. Read more in refusing a breath test in Florida.

If the young driver is under 18

Under section 316.635, a minor's misdemeanor DUI is heard by the court with traffic jurisdiction (county court), and felony traffic offenses go to circuit court. After taking a minor into custody for a criminal traffic offense, the officer must try to notify a parent, guardian or responsible adult relative. See also juvenile defense.

School, scholarships and future jobs

The criminal and administrative outcomes can reach well beyond the license:

College discipline. Students at area campuses such as State College of Florida, USF Sarasota-Manatee, New College of Florida and Ringling College of Art and Design follow their school's conduct code, and some codes reach off-campus alcohol offenses. Read yours before talking to the school.
Scholarships and athletics. Some scholarships and teams have conduct or good-standing terms. Check the written terms rather than assuming either way.
No withhold, no sealing. Courts may not withhold adjudication on a DUI (s. 316.656), and sealing under section 943.059 requires that the person was not adjudicated guilty of the offense. A DUI conviction therefore cannot be sealed, and it may have to be disclosed on applications that ask about convictions.
Driving jobs. A conviction or suspension can affect jobs that require driving. See CDL DUI.

What to do in the first 10 days

Find the notice of suspension and note the issue date. For both the 0.02 suspension and an adult DUI suspension, you have 10 days from the date the notice is issued to request a formal or informal review with FLHSMV (ss. 322.2616(2)(b)3., 322.2615(1)(b)3.). Under the under-21 statute, the temporary permit does not take effect until 12 hours have passed and expires at midnight on the 10th day.
Decide between formal and informal review with a lawyer. At a formal review you can subpoena the officer, and if a subpoenaed officer fails to appear, the statute requires FLHSMV to invalidate the suspension (s. 322.2616(12)). Asking for review does not pause the suspension. See formal review hearings and the 10-day rule.
Check whether there is a criminal case. A DUI citation or arrest means a county court date; a 0.02 notice alone does not.
Write down what happened while it is fresh, including timing and what you were told, and share it only with your lawyer.
Do not post about it or discuss it with friends, coaches or school staff until you have advice, and do not drive after the permit expires unless you hold a valid license. Read driving with a suspended license.

Sarasota and Manatee: where the case goes

Sarasota County: Misdemeanor DUIs arising south of Blackburn Point Road go to the South County Courthouse in Venice (Administrative Order 2026-12.2); others, and all felonies, are heard in downtown Sarasota. See first DUI in Sarasota.
Manatee County: Cases are heard at the Manatee County Judicial Center, 1051 Manatee Ave. W., Bradenton. See first DUI in Bradenton and the Manatee criminal court guide.

Frequently asked questions

Is blowing 0.02 a crime in Florida if I'm under 21?

No. Section 322.2616 says a 0.02 violation is not a criminal offense or a traffic infraction. It is an administrative license suspension, recorded on the driving record. A separate DUI charge is possible if the State claims impairment or a level of 0.08 or higher.

How long is the license suspension for an under-21 driver at 0.02?

Six months for a first violation, or one year if the license was previously suspended under the same section. At 0.05 or higher, the license stays suspended until a substance abuse course is completed.

Can I get a hardship license after a 0.02 suspension?

Possibly. The statute allows a business-or-employment-only license once 30 days have passed after the last temporary permit expires, if you are otherwise eligible.

Will an under-21 DUI affect college or a scholarship?

It can. Schools and scholarships set their own conduct rules, and a DUI conviction cannot be sealed in Florida, so the result of the criminal case matters long term.

Is refusing a breath test a crime if I'm under 21?

Refusal leads to a 1-year administrative suspension in a zero-tolerance stop. A first refusal is a second-degree misdemeanor only when it follows a lawful DUI arrest with the required warnings (s. 316.1939, as amended effective October 1, 2025).

Talk with a Sarasota and Manatee DUI defense lawyer

Call or text (941) 920-5514, available 24/7, or request a free consultation. Have the notice of suspension, any citation and the issue date ready. The office is at 240 N. Washington Blvd., Suite 460, Sarasota, FL 34236.

Updated October 4, 2026. General information only, not legal advice. Laws and procedures change; your notices and court orders control. No outcome is guaranteed. Contacting the firm does not by itself create an attorney-client relationship.

Sources: Fla. Stat. (2026) § 322.2616, § 316.193, § 322.2615, § 316.1939, § 322.28, § 316.656, § 943.059, § 316.635; Ch. 2025-121, Laws of Fla.; AO 2026-12.2; Manatee County Judicial Center.