DUI License Suspension Rules Will Change After Ruling

June 10, 2011

In a split ruling the Florida Supreme Court on Thursday ruled that the state cannot suspend the drivers’ licenses of motorists who refuse blood alcohol tests if the refusal did not follow a lawful stop.

Rolling back a law passed by lawmakers in 2006, the 4-3 decision gives defendants more ammunition to get their licenses back by allowing them to argue whether they were lawfully pulled over in the first place, defense attorneys and agency officials agreed Thursday.

“The Legislature has authorized the administration of a breath test only if it is incident to a lawful arrest and based on probable cause to believe that the person driving was under the influence of alcoholic beverages,” the court said in its unsigned majority opinion.

Florida’s “implied consent” law requires motorists to take sobriety tests if the law enforcement officer has probable cause to believe they are impaired. If they refuse, their licenses are immediately suspended, an administrative duty given to the Department of Highway Safety and Motor Vehicles. Motorists can challenge the suspension by taking their case to an agency hearing officer.

Following changes made in 2006, DHSMV hearing officers haven’t been required to consider the legality of the underlying stop during administrative hearings challenging a suspension. The hearing officer need only determine that the person refused to take a blood test.

On Thursday, the court ruled that an administrative suspension could only come following a valid arrest. The ruling will have no effect on criminal DUI proceedings.

Attorneys for two defendants whose cases were consolidated argued that without the ability to challenge the legality of the underlying arrests, law enforcement officers could confiscate the licenses of any driver for no reason and the suspect would have no recourse to appeal.

“This gives defendants a fighting chance,” said David Robbins, whose Jacksonville law firm represented one of the defendants.

The majority agreed, saying that under current law, motorists who felt they were unfairly targeted would have no recourse.

Justices Charles Canady, Ricky Polston and Jorge LaBarga dissented, arguing that lawmakers in 2006 specifically removed the arrest requirement from DHSMV review. Given such deliberate action, Canady said the court was bound to follow the Legislature’s lead. The majority in this case did not.

“A more direct abrogation of legislative intent is hard to imagine,” Canady wrote.

Ann Nucatola, DHSMV spokeswoman, said the agency will now have to decide whether the underlying arrest was valid.

Before the ruling, “whatever happened on the criminal side we had nothing to do with,” Nucatola said. “We did not have to verify that the stop was legal.”

By Michael Peltier
The News Service of Florida

Comments

5 Responses to “DUI License Suspension Rules Will Change After Ruling”

  1. just saying on June 11th, 2011 9:58 pm

    to HUH…..it should be more like DUH!!!

  2. Concerned citizen 44 on June 10th, 2011 2:18 pm

    That’s about crazy …. More drunks on the road … If you were not drinking then you should blow … You have nothing to hide … Same as when someone runs from the cops …if you did nothing wrong why run…. More rights for the lawbreakers is all….

  3. Kay on June 10th, 2011 11:24 am

    I want my rights also, and that is the right to drive down the road with
    other drivers who are not so selfish as to drink and drive.

  4. 429SCJ on June 10th, 2011 10:09 am

    You are either sober or intoxicated, if you are going to debauch yourself, stay away from the wheel or handle bars. No problem! When you kill or disable someone with a vehicle and it is proven you were intoxicated, you are going to have a bad day! I would suggest you live within walking distance from the bar or just drink at home if you have to.

  5. huh on June 10th, 2011 2:28 am

    About time citizens got some rights back

Written by William Reynolds · Filed Under News