.02 VIOLATIONS – UNDERAGE DRINKING
In Hillsborough County, if you are under the age of 21 and provide a breath sample above a .02, your license will be suspended for 6 months. If you refuse to provide a breath sample, your license will be suspended for 1 year. This is a law to combat teenage drinking and driving.
Section 322.2616 (b) states:
- A law enforcement officer who has probable cause to believe that a motor vehicle is being driven by or is in actual physical control of a person who is under the age of 21 while under the influence of alcoholic beverages or who has any blodd alcohol or breath alcohol level may lawfully detain such a person and may request that person to submit to a test to determine his or her blood alcohol or breath alcohol level.
The suspension of your license is purely administrative in nature, which means you are not being charged with criminal DUI, BUT THE LICENSE SUSPENSION IS EFFECTIVE IMMEDIATELY! Although you are eligible to drive with the citation for 10 days following its issuance, assuming your license was valid at the time, the appropriate paperwork must be filed with the DHSMV to challenge the suspension of your license.
Even though you are not being charged with a criminal offense, the appearance of a .02 violation on your driving record can have very long lasting consequences.
YOU MUST CONTACT US!
Depsite the fact that you are underage and the Deputy took your license, we still have the opportunity to challenge your license suspension. We will immediately file paperwork with the Department of Highway & Safety Motor Vehicles and request a hearing to determine whether the stopping officer complied with the rules when he or she took your license.
Upon filing the paperwork to challenge your license, we will acquire for you a temporary driving permit. The driving permit is restricted in use, to the extent that it can only be used to travel to work, church, school and medical appointments. The permit will be valid for the duration of the time that it takes to have a hearing reagrding the suspension of your license.
At the hearing, we will represent you and make whatever arguments/motions we can to “win” your license back. If we are successful, then the .02 Violation and suspension of your license will be invalidated and not appear on your driving record. This will be very important, primarily because, as a young driver, it can have detrimental consequences to have any alcohol related suspension appearing on your driving record for the next 75 years.
If you have been arrested for DUI in Tampa, Florida or any the following areas:
Valrico, Plant City, Brandon, Lithia, East Tampa,
South Tampa, Hyde Park, Apollo Beach, Palm River, Ruskin, Seffner,
West Chase, Ybor City, Temple Terrace,
Sun City Center, Gibsonton, Palma Ceia, Riverview, Lutz
Contact one of our Tampa DUI attorneys immediately. At Finebloom & Haenel, we offer a free consultation to discuss your specific case.
Arrested for a Tampa, Florida DUI? Contact our law offices immediately.