Any person who is incapable of refusal by reason of unconsciousness or other mental or physical condition shall be deemed not to have withdrawn his consent to such test. A blood test may be administered whether or not such person is told that his failure to submit to such a blood test will result in the suspension of his privilege to operate a motor vehicle. Authorized by statute when requested by law enforcement officer for persons under the age of 21. Section 322.2616, Florida Statutes, authorizes law enforcement officers having 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 the age of 21 while under the influence of alcoholic beverages or who has any alcohol level may lawfully detain this person and may request them to submit to a test to determine the breath alcohol level. This violation is neither a traffic infraction nor a criminal offense, nor does being detained under this statute constitute an arrest.
Statute authorizes an administrative suspension of the driving privilege.
The suspension is effective immediately upon refusal of the breath test or determination that the driver has a breath alcohol level of .02 or above. 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. The suspension 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. The officer will issue the driver a temporary permit that is valid for 30 days from the date of arrest, provided the driver is otherwise eligible. 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, white operating or in actual physical control of a commercial motor vehicle.