REQUEST FOR ADMINISTRATIVE REVIEW
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Administrative Suspension LawFirst suspension for persons over the age of 21 with an alcohol level of .08 or above or persons under the age of 21 with an alcohol level of .02 or above, six months.Second or subsequent suspensions for persons over the age of 21 with an alcohol level .08 or above or persons under the age of 21 with an alcohol level of .02 or above, one year.First suspension for refusal to submit to breath, urine, or blood test, one year.Second or subsequent suspensions for refusal, 18 months.For persons under the age of 21: if the breath or blood alcohol level is .05 or higher, the suspension remains in effect until completion of a substance abuse evaluation and course.The suspension is effective immediately. The officer will issue the driver a temporary permit valid for 10 days from the date of arrest, provided the driver is otherwise eligible. For persons under the age of 21, the temporary permit is not valid until 12 hours after issuance and is valid for 10 days, provided the driver is otherwise eligible.Section 322.2616, Florida Statutes, authorizes law enforcement officers to lawfully detain and request a breath-alcohol test from any person, under the age of 21, who the officer has probable cause to believe is driving or in actual physical control of a motor vehicle while under the influence of alcohol or having any alcohol level.To review the complete statutory language, please refer to sections 322.2615, 322.2616, and 316.1932, Florida Statutes.Administrative Disqualification Law for Commercial Motor Vehicle (CMV) OperatorsFirst disqualification for driving a commercial motor vehicle (CMV) while he or she is under the influence of alcohol or a controlled substance or with an unlawful blood alcohol level (.04 or above), one year disqualification.Second or subsequent disqualificationof driving a CMV while he or she is under the influence of alcohol or a controlled substance, permanently disqualified.
First disqualification for refusal to submit to breath, urine, or blood test arising from the operation of a CMV, one year disqualification.Second or subsequent disqualification for refusal to submit to breath, urine, or blood test arising from the operation of a CMV, permanently disqualified.
The disqualification is effective immediately upon refusal of the breath, urine, or blood test, or determination that the driver has a blood alcohol level of .08 or above, while operating or in actual physical control of a CMV or a non-commercial motor vehicle. The officer will issue the driver a temporary permit which is valid for 10 days from the date of arrest, provided the driver is otherwise eligible; however, the permit does not authorize the operation of a CMV, only for the operation of a non-commercial motor vehicle.