Florida 322.2616 Statute Summary 

Florida Statute 322.2616 is a state law that authorizes law enforcement officers to suspend the driver's license of any person under 21 years of age who is driving with a blood-alcohol or breath-alcohol level of 0.02 or higher. This statute is known as the "Zero Tolerance" law because it has a lower limit for blood-alcohol concentration (BAC) for underage drinkers compared to the regular DUI limit of 0.08 for those who are of the legal drinking age. 

The law allows an immediate seven-day prohibition on driving if the underage driver's breath-alcohol level is 0.05 or higher, pending a determination of eligibility for driving privileges by the Department of Highway Safety and Motor Vehicles. You can read the full details of the statute [here].

Relevant Statutes and Explanation

1. Florida Statute 322.2616 (1)(a)(1): This subsection outlines that an officer who has probable cause to believe that a motor vehicle is being driven by or is in the actual physical control of a person who is under 21 years of age and has a blood-alcohol or breath-alcohol level of 0.02 or higher, can lawfully detain this person and may request that they submit to a test to determine the alcohol content of his or her blood or breath.

2. Florida Statute 322.2616 (1)(a)(2): This provision further explains that if the person refuses to take the test, or if the test shows a BAC level of 0.02 or higher, the officer can suspend the person's driving privileges for 6 months for a first offense, and for one year for subsequent offenses.

3. Florida Statute 322.2616 (2): This section provides a right of review, enabling individuals to request a formal or informal review of the suspension by the Department of Highway Safety and Motor Vehicles within 10 days following the issuance of the notice of suspension.

Arrest and Criminal Trial Process in Florida

The criminal process in Florida begins with the arrest by law enforcement based on probable cause. After the arrest, the individual is taken to jail, where they are booked. 

Next, a First Appearance occurs. This must happen within 24 hours of the arrest. During this, a judge reviews the arrest and ensures there was probable cause. 

Afterwards, an Arraignment is scheduled, where the defendant will be formally charged and enter a plea. It's important to have legal counsel at this stage.

Should the defendant plead not guilty, the case proceeds to Discovery, where both sides can review the evidence collected by the other side. There may be negotiations for a plea bargain during this period.

If no agreement is reached, the case goes to Trial, where the prosecution must prove beyond a reasonable doubt that the defendant committed the crime. If found guilty, the court will set a date for Sentencing.

Consequences if Convicted

If an underage driver is convicted under Florida Statute 322.2616, the person's driver's license will be suspended for 6 months for a first offense, and for one year for subsequent offenses. Further, if the person's BAC level is 0.05 or higher, the person will also be required to complete a substance abuse course, and the license will not be returned until this course is completed.

These penalties are administrative and separate from any criminal penalties that might result from a DUI conviction, such as fines, probation, community service, or even jail time. 

Choosing the Right Florida Criminal Defense Attorney

Choosing the right attorney is crucial in navigating the complexities of the legal system. When looking for an attorney to represent you in a case involving Florida Statute 322.2616, consider the following:

1. Experience: How long has the attorney been practicing, and how much of that practice has been dedicated to DUI defense?

2. Expertise: Does the attorney specialize in DUI law? Are they familiar with Florida's DUI laws, particularly 322.2616?

3. Track Record: What is the attorney's track record? How many cases have they won? 

4. Client Reviews: Look for client testimonials and reviews online to gauge the attorney's reputation.

5. Communication: How easy is it to get in contact with the attorney? Do they explain complex legal terms in an understandable way?

Navigating the legal system can be complex and intimidating, but understanding the law and hiring the right attorney can greatly increase your chances of a favorable outcome. 

Please remember that this article is meant to provide general information and not specific legal advice. If you or someone you know has been arrested under Florida Statute 322.2616, please consult with one of our qualified legal professionals immediately.

Take Action Now With Musca Law, P.A.

Are you or a loved one facing charges under Florida Statute 322.2616? Time is of the essence. Your rights, your freedom, and your future are on the line. You need experienced, dedicated legal representation immediately.

At Musca Law, P.A., we specialize in DUI defense and have a deep understanding of Florida's complex laws. Our team of experienced attorneys are ready to fight for you and your rights, providing a robust defense against charges under Florida Statute 322.2616.

The best part? With 30 law office locations spread across Florida, we are always within reach, no matter where you are in the state. Whether you're in Miami, Tampa, Orlando, or any other city in Florida, we've got a location nearby for your convenience.

Legal trouble doesn’t wait and neither should you. That's why we offer a 24/7 toll-free number. Anytime, day or night, you can reach out to us at 1-888-484-5057. Don’t wait for the situation to worsen. Take control of your legal issues. Call Musca Law, P.A. now. We're here, ready to fight for you.