Miami Underage DUI Attorney

A driver under 21 can face both an administrative license suspension and, when the criminal elements are met, a DUI charge. Valiente Law represents young drivers accused of DUI in Miami and throughout Florida.

Under 21: the .02 suspension rule is different from criminal DUI

Florida Statutes §322.2616 applies to drivers under 21, not drivers who are 21. A blood- or breath-alcohol level of .02 or higher can trigger an administrative suspension. A violation of this section is not itself a criminal DUI conviction.

Criminal DUI under §316.193 can be proved by impairment of normal faculties from alcohol or specified drugs, or an alcohol level of .08 or higher. A person can face criminal DUI with a level below .08 if impairment is proved. Youth does not guarantee a private record, dismissal, or later expungement.

Testing and suspension periods

Section 322.2616 permits detention and a breath test when the officer has the required probable cause concerning a driver under 21 who has consumed alcohol. The legality of the stop, detention, testing request, warnings, and test result must be evaluated separately.

• A first .02-or-higher violation results in a six-month suspension; a second or subsequent violation results in a one-year suspension.
• A first refusal of the breath test required under this section results in a one-year suspension. A qualifying prior refusal suspension increases it to 18 months.

Criminal DUI testing and refusal can involve separate statutes and consequences. The suspension notice and the particular test requested matter.

What to do after receiving a suspension notice

A request for formal or informal review generally must be made within 10 days after issuance of the notice. Temporary driving permission is subject to eligibility, restrictions, and the dates printed on the permit; it is not an unconditional right to drive while review is pending. Under §322.2616, a qualifying initial temporary permit does not become effective until 12 hours after issuance. Review-related permits and later hardship driving have additional requirements. Obtain advice promptly and do not drive unless a valid permit or license authorizes it.

Education and treatment requirements

For an alcohol level of .05 or higher, the suspension also remains in effect until completion of the required substance-abuse course, evaluation, and any required treatment. A driver under 18 with a level of .05 or higher may be taken to an authorized addictions receiving facility under the statute. These requirements are separate from any criminal sentence.

Defending an underage DUI or administrative suspension

Our review can include the basis for the stop and detention, whether the statutory conditions for testing were satisfied, testing procedures, the reliability of the result, and whether the alleged refusal was legally established. The administrative proceeding and criminal case involve different issues and remedies. A successful challenge in one does not automatically resolve the other.

Speak with a Miami DUI defense attorney

Valiente Law helps clients understand the charge, license deadlines, and available defenses. Contact our Miami DUI defense attorneys to discuss your circumstances.