If you are under 21, or your child is, and you were stopped for drinking and driving in Sarasota or Manatee County, you probably have a lot of questions. Florida treats drivers under 21 differently from adults. A very small amount of alcohol can cost a young driver their license, and a separate criminal DUI charge can sometimes follow.
The Law Offices of Daniel D. Nawara, P.A. defends only people accused of crimes. Daniel Nawara is a former Assistant State Attorney in Florida's 12th Judicial Circuit, which covers Sarasota, Manatee, and DeSoto counties. He has been a member of The Florida Bar since September 2016 and volunteers with Sarasota County Teen Court. We represent young drivers in Sarasota, Bradenton, Venice, North Port, Lakewood Ranch, and Palmetto.
Florida's Zero-Tolerance Law: The 0.02 Rule (s. 322.2616)
Under section 322.2616, Florida Statutes, a person under 21 may not drive or be in actual physical control of a vehicle with a blood- or breath-alcohol level of 0.02 or higher.
- It is an administrative license suspension, not a crime. The statute says a violation "is neither a traffic infraction nor a criminal offense," and being detained under it is not an arrest (s. 322.2616(19)). The suspension is still recorded on the driver's motor vehicle record.
- Suspension lengths: 6 months for a first 0.02 violation, or 1 year if the driver was previously suspended under this section (s. 322.2616(2)(b)1.b.).
- At 0.05 or higher, the suspension stays in effect until the driver finishes a substance abuse course through a state-licensed DUI program, at the driver's expense. The program does an evaluation, and if the driver is under 19, the program notifies the parents or guardians of the results (s. 322.2616(2)(c)).
Zero-Tolerance Suspension vs. a Criminal DUI (s. 316.193)
A criminal DUI under section 316.193 applies at any age. It requires a breath or blood alcohol level of 0.08 or higher, or impairment of the driver's "normal faculties" at any level. So one stop can create two separate cases:
- The administrative case with the Florida Department of Highway Safety and Motor Vehicles (DHSMV), which handles the license suspension.
- A criminal DUI case in county court, if the officer arrests for DUI.
Zero tolerance does not bar a DUI prosecution (s. 322.2616(19)). Under s. 316.1934(2)(b), a reading above 0.05 but below 0.08 creates no presumption either way. It can still be considered with other evidence, such as driving or field sobriety exercises, so a young driver at 0.05 or more may also face a criminal DUI investigation.
DHSMV generally cannot suspend the same driver under both the adult suspension law (s. 322.2615) and the zero-tolerance law for the same incident (s. 322.2616(19)). A first DUI conviction can mean a $500 to $1,000 fine, up to 6 months in jail, probation, 50 hours of community service, DUI school, and a 180-day to 1-year license revocation (ss. 316.193(2), (5), (6); 322.28(2)(a)1.). See first DUI in Florida.
Refusing a Breath Test When You Are Under 21
Under the zero-tolerance law, refusing a lawful breath test brings a license suspension of 1 year for a first refusal, or 18 months if the driver was previously suspended under this section for refusing (s. 322.2616(2)(b)1.a.). That is longer than the 6-month suspension for a first 0.02 reading.
If the driver is formally arrested for DUI, refusing can also be charged as a separate crime. Since October 1, 2025, a first refusal is a second-degree misdemeanor, and a second or later refusal is a first-degree misdemeanor (s. 316.1939). Read more on our breath test refusal page.
The 10-Day Deadline to Request a Review
The officer issues a notice of suspension and, if the driver is otherwise eligible, a 10-day temporary permit. The permit takes effect 12 hours after issuance and expires at midnight on the 10th day (s. 322.2616(2)(b)4.).
You have 10 days from the date the notice of suspension is issued to request a formal or informal review with DHSMV (s. 322.2616(2)(b)3.).
- A formal review lets your attorney subpoena the officer and the person who did the breath or blood test. If the subpoenaed officer who suspended the license fails to appear, the suspension must be invalidated (s. 322.2616(7), (12)). An informal review is a review of paperwork only (s. 322.2616(5)).
- Requesting a review does not pause the suspension. However, an eligible driver may receive a business-purposes-only permit until the hearing date (s. 322.2616(5), (7)(a), (10)).
- Anything the driver writes in the review request cannot be used against them in a DUI trial (s. 322.2616(15)).
Learn more on our pages about the 10-day rule and formal review hearings.
Can You Get a Hardship License?
A driver suspended under the zero-tolerance law may apply for a business- or employment-purposes-only license under s. 322.271. This is allowed only if the driver is otherwise eligible, and not until 30 days after the last temporary permit expires (s. 322.2616(11)). DHSMV may require other steps, such as enrolling in DUI school, so ask us about the current requirements. See our hardship license page.
What Is at Stake for School, Work, and Insurance
A 0.02 suspension is not a crime, but it goes on the driving record; a DUI conviction is far more serious. Either may come up in:
- College applications, scholarships, athletics, or student conduct processes
- Driving jobs and future professional licenses
- Car insurance rates and coverage
- Getting to class or work without a license
What Parents Should Do Now
- Find the notice of suspension and note the date. The 10-day clock starts on the date it was issued.
- Keep your child from discussing it in posts, texts, or with anyone but a lawyer.
- Gather paperwork: citations, the notice, the permit, and names of passengers or witnesses.
- Do not drive on a suspended license. That can lead to a new charge.
- Call a criminal defense attorney while there is still time to request a review and preserve video.
If your child is under 18, our Sarasota juvenile defense page explains how cases involving minors work. Under s. 316.635, the court that handles traffic cases generally hears a minor's traffic offenses, including DUI.
Where Underage DUI Cases Are Heard
The license suspension is handled by DHSMV, and hearing officers may hold hearings using communications technology (s. 322.2616(7)(b)). Criminal DUI cases are heard in county court:
- Sarasota County: Judge Lynn N. Silvertooth Judicial Center, 2002 Ringling Blvd., Sarasota, FL 34237. Some cases are heard at the South County Courthouse, 4004 S. Tamiami Trail, Venice, FL 34293.
- Manatee County: Manatee County Judicial Center, 1051 Manatee Ave. W., Bradenton, FL 34205.
Always check your notice for the exact location. For local information, see our Sarasota DUI lawyer and Bradenton DUI lawyer pages.
Frequently Asked Questions
Is an underage DUI at 0.02 a criminal charge in Florida? No. A 0.02 violation under s. 322.2616 is an administrative suspension, not a crime or traffic infraction. A separate DUI can be charged if the state alleges 0.08 or higher or impairment.
How long is the license suspension for an under-21 driver? It is 6 months for a first 0.02 violation and 1 year for a repeat violation. Refusing a breath test means 1 year for a first refusal and 18 months for a repeat refusal (s. 322.2616).
How long do I have to challenge the suspension? You have 10 days from the date the notice of suspension was issued to request a formal or informal review with DHSMV.
Can my child still be charged with DUI if they were under 0.08? Possibly. A DUI can be based on impairment at any alcohol level, and a reading above 0.05 can be considered with other evidence (s. 316.1934).
Will my child be able to drive to school or work? Possibly. An eligible driver may get a business-only permit while a review is pending, and a hardship license 30 days after the last temporary permit expires.
Talk to a Sarasota Underage DUI Lawyer Today, Available 24/7
The 10-day deadline moves fast. Call or text (941) 920-5514 any time, day or night. Consultations are free, and payment plans are available. Our office is at 240 N Washington Blvd #460, Sarasota, FL 34236. You can also contact us online.
Disclaimer: This page provides general information about Florida law and is not legal advice. Reading it or contacting our office does not create an attorney-client relationship. Every case depends on its own facts, and past results do not guarantee a similar outcome.