When a person under the legal drinking age is suspected of driving while having consumed any alcoholic beverage, the State of Florida has a zero tolerance policy. If a person is found to have a blood alcohol level of .02, is under the age of 21 and was in actual physical control of a motor vehicle, the State of Florida will suspend the driving privilege of that person for 6 months. While this is not a criminal charge of DUI, a violation of the .02 laws results in administrative action against the driver by the Department of Highway Safety and Motor Vehicles. The suspension can be challenged and the DHSMV will hold a hearing to determine whether the suspension will be sustained or overturned. It is vital that the request to have this hearing is made within 10 days of receiving the notice of suspension. A driver under the age of 21 may be charged with a DUI. The officer has the discretion to proceed with a .02 violation or with a criminal charge of DUI. If you are facing a .02 violation, call our office in Sarasota to discuss.