Florida DUI cases have administrative side effects that need to be addressed when defending the criminal charges. Recently, Tampa Attorney, Casey Ebsary reviewed a decision that may impact drivers across the state. Specifically, Licensing and suspension of the Florida Driver’s license that follows a refusal to take a breath test or blowing over a .08. Recently, a Circuit court in it’s appellate capacity found that lawfulness of an arrest can be an issue that must be addressed by hearing officer in administrative license hearings. A District Court of Appeal disagreed. There now is a conflict between Florida courts. For a number of years law enforcement has hidden trumped up stops with an administrative roadblock inserted into the Florida DUI statutes. The Florida Supreme Court is expected to render a decision which will address the issue of lawfulness of arrest.
Source: 35 Fla. L. Weekly D850a
DUI Administrative Hearings | Lawfulness of Arrest