Florida Teen Driver Penalties: 6 Points, Zero Tolerance and Suspensions
What happens if a Florida driver under 18 gets 6 points in 12 months?
A Florida driver aged 15 through 17 who gets 6 or more points in 12 months gets a restricted license for business purposes only. The restriction lasts at least 1 year, plus 90 days for each added point, and it can end earlier on the 18th birthday. A driver under 21 with an alcohol level of 0.02 or higher loses the driving privilege for 6 months for a first violation.
Where these Florida facts come from
The rules come from Florida Statutes ss. 322.161, 322.2616, 316.1939, 322.27, 322.05, 322.091 and 322.10 on flsenate.gov, and from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) page Traffic Laws for Florida Teens and its teen FAQ. Read the full text of s. 322.161 and s. 322.2616. Where the FLHSMV page and the law differ, this guide follows the law. This guide is current as of 2026. Confirm the rules with the Florida Department of Highway Safety and Motor Vehicles (flhsmv.gov) before you drive.
The 6-point rule for drivers under 18
Under s. 322.161, the department must restrict the driving privilege of a Class E licensee aged 15 through 17 who has 6 or more points within a 12-month period. Parking violations do not count toward the 6 points. The department sends a notice and issues a restricted license for business purposes only. The driver must appear before the department within 10 days after the notice to have the restriction applied.
How long the Business Purposes Only restriction lasts
| Situation | What the law says |
|---|---|
| Minimum length | No less than 1 year, from the date the department applies the restriction |
| No added points | The department withdraws the restriction after 1 year |
| Each added point | The restriction is extended by 90 days for each point |
| Age 18 | The restriction ends on the 18th birthday if no other grounds for restriction exist |
Zero tolerance: the 0.02 alcohol limit under age 21
Under s. 322.2616, a driver under 21 may not drive, or be in actual physical control of a motor vehicle, with a blood-alcohol or breath-alcohol level of 0.02 or higher. The officer suspends the driving privilege on behalf of the department, takes the license, and issues a 10-day temporary driving permit if the driver is otherwise eligible. Our free practice question on the under-21 alcohol level tests the same limit.
Under-21 alcohol suspension lengths
| Situation | Suspension |
|---|---|
| Level of 0.02 or higher, first violation | 6 months |
| Level of 0.02 or higher, after an earlier 0.02 suspension | 1 year |
| Level of 0.05 or higher | Stays in effect until the driver completes a substance abuse course from a DUI program that the department licenses; the driver pays the reasonable costs |
| First refusal of a lawful breath test | 1 year |
| Refusal after an earlier refusal suspension | 18 months |
Refusing a breath test after a DUI arrest is a crime
A separate law, s. 316.1939, applies after a lawful arrest for DUI. A first refusal of a lawful breath or urine test is then a second-degree misdemeanor, and a second or later refusal is a first-degree misdemeanor. Before the test, the officer must tell the driver that a refusal is a misdemeanor and that the driving privilege will be suspended for 1 year, or 18 months for a second or later refusal. Our free practice question on a first lawful breath test refusal covers this rule.
Points for common Florida tickets (s. 322.27)
| Violation | Points |
|---|---|
| Speeding, not more than 15 mph over the lawful or posted limit | 3 |
| Speeding, more than 15 mph over the lawful or posted limit | 4 |
| Traffic control signal violation, such as failure to stop at a traffic signal | 4 |
| Reckless driving, willful and wanton | 4 |
| A moving violation other than speeding or phone use that results in a crash | 4 |
| Speeding or unlawful phone use that results in a crash | 6 |
| All other moving violations | 3 |
When points lead to a suspension at any age
- The department may suspend a license at 12 or more points. The suspension is for not more than 1 year.
- 12 points within 12 months: a suspension of not more than 30 days.
- 18 points within 18 months: a suspension of not more than 3 months.
- 24 points within 36 months: a suspension of not more than 1 year.
If you get a ticket on a learner's license (permit)
School attendance and your license
- A minor is not eligible for driving privileges unless the minor is enrolled in school or another listed program and meets the attendance rules. A diploma, a certificate of exemption or a hardship waiver also counts (s. 322.091).
- After notice of noncompliance, the department may not issue a license to the minor, and it suspends the license the minor has.
- The minor or a parent has 15 calendar days after receiving the notice to give proof of compliance or to ask for a hardship waiver hearing. Twenty days after the notice date, the department suspends the license if neither has happened.
- The school principal or a designee must waive the rule when a personal or family hardship requires a license for the minor's or the family's employment or medical care.
- After 30 days of compliance, the school district gives written verification and the department reinstates the driving privilege.
- If the minor falls out of compliance again, the suspension lasts until age 18 or until the minor meets the rules, whichever comes first.
Tobacco and nicotine convictions
FLHSMV says that a minor convicted of possession of tobacco or nicotine products has the learner's license revoked for a minimum of 30 days.
When a parent cancels consent
A driver under 18 needs a Parental Consent Form, signed and notarized. The parent or guardian who signed it can later cancel the license. Under s. 322.10, the signer files a verified written request with the department, and the department cancels the license. The signer is then relieved from liability for the minor's later negligence or willful misconduct while driving.
Key takeaways
- A driver aged 15 through 17 with 6 or more points in 12 months gets a Business Purposes Only license for at least 1 year, plus 90 days for each added point, or until the 18th birthday.
- A driver under 21 with an alcohol level of 0.02 or higher loses the driving privilege for 6 months, or 1 year after an earlier 0.02 suspension.
- A driver under 21 who refuses a breath test for the first time loses the driving privilege for 1 year. After a lawful DUI arrest, a first refusal is also a second-degree misdemeanor.
- A moving traffic conviction on a learner's license can delay the driver license, and poor school attendance or a tobacco conviction can also cost a teen the license.
- Next step: practice the Florida road rules on the free Florida Class E Knowledge practice test.
Florida teen driver penalties: common questions
Do parking tickets count toward the 6 points for a teen in Florida?
No. Section 322.161 excludes parking violations from the 6-point count. Moving violations do count: speeding not more than 15 mph over the limit is 3 points, and speeding more than 15 mph over is 4 points. Thus two convictions for speeding up to 15 mph over within 12 months bring a driver aged 15 through 17 to 6 points.
Can a teen appeal the Business Purposes Only restriction?
Not at the department. Section 322.161 says that no formal or informal administrative hearing applies to this restriction. Each added point during the restriction extends it by 90 days. When the restriction period ends, the driver must go to the department to have the restriction removed and get a duplicate license.
Can a driver under 21 fight an alcohol suspension in Florida?
Yes. The driver may ask the department for a formal or informal review within 10 days after the notice of suspension. The request does not stop the suspension. If the department does not schedule a formal review hearing within 30 days after it receives the request, it must invalidate the suspension.
Does a 0.02 alcohol level mean an arrest for a driver under 21?
Not under the zero tolerance law alone. Under s. 322.2616, the stop is not an arrest, and the violation is neither a traffic infraction nor a criminal offense. But that law does not stop a DUI prosecution under s. 316.193, and a refusal after a lawful DUI arrest is a misdemeanor.
Does a driver get 3 points back after a point suspension?
Yes, one time. Under s. 322.27, 3 points come off the driver history record of a person whose license was suspended only once under the point system and then reinstated, if the person met all other requirements of the chapter. The rule belongs to the general point system for drivers of all ages.
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