Florida's DWI Zero Tolerance Law Enforcement System

Laws. Florida's Zero Tolerance, or .02, law was passed during the 1996 legislative session and took effect January 1, 1997. The Zero Tolerance law provides for an administrative suspension of the driving privilege of any driver under the age of 21 who is found to have a blood or breath alcohol concentration (BAC) of .02 or greater. Florida also has an administrative per se DUI law which makes it an offense for any driver, regardless of age, to drive with a BAC of .08 or above.

Enforcement. Florida's zero tolerance law is a purely administrative law where the full enforcement action can, in most cases, be implemented at the scene of the traffic stop. The basic procedures are described below.

A lawful contact must be made with the underage driver before checking for a zero tolerance violation. This may be triggered by a traffic stop related to a violation of law, contact at a sobriety checkpoint, contact at a crash site or a consensual encounter with a driver under 21.

If two breath samples yield BACs of .02 or higher, the officer takes the driver's license and issues a suspension using a multi-part form provided by the Department of Highway Safety and Motor Vehicles. The form serves as a ten day temporary license during which time the driver may request a hearing. If the driver refuses to give a breath sample the same form provides for imposing an implied consent refusal suspension. A copy of this form appears in the Appendix. Since the officer initially rules out probable cause for the .08 DUI offense, even if the BAC level is above .08, only a zero tolerance suspension is issued.

If the driver is 18-20 and there is no arrest for another violation, the driver is released and advised not to drive. Typically the officer will assist in calling a cab or other ride or allow a non-drinking, licensed passenger to drive the vehicle. If the driver is under 18, the parents or guardian are notified and asked to come get the driver or the driver is taken to a juvenile assessment center.

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