ADMINISTRATIVE SUSPENSIONS

In 1991 the State of Florida enacted the current roadside suspension statute. It was meant to replace the former Implied Consent suspension procedure. Under the old procedure a probable cause hearing was held before a county court judge who then determined if the suspension was valid. At the time of the change many considered the old system to be completely ineffectual and heavily stacked in favor of the driver. The new process allowed police officers, who made DUI arrests, to act on behalf of the Florida Department of Highway Safety and Motor Vehicles to “administratively” suspend driver’s licenses on the spot.

Now, anyone arrested for DUI can be requested to submit to an approved chemical test provided law enforcement has reasonable cause to believe the subject was operating or in actual physical control of a motor vehicle in this state while under the influence of alcohol, a chemical substance or a controlled substance to the extent their normal faculties were impaired.

An approved test can be either a breath test, a urine test or a blood test. Each test has its own set of circumstances that must be observed in order to make the request valid. If the subject refuses to submit the license is suspended for a period of twelve months for a first refusal or 18 months if the subject has previously refused.

Otherwise, only if the test subject has an unlawful breath or blood alcohol concentration can their license be suspended.

Anyone whose license has been administratively suspended can request a “Formal Review,” of the suspension. The request must be made within ten days of the arrest and it must be in writing. Upon request a hearing is scheduled within 30 days. The driver has the right to subpoena witnesses, present evidence and, most importantly, to have their case heard by a neutral and detached hearing officer.

In the years following the enactment of the current statute the legislature has continually made changes to the process intended to make suspensions easier to obtain and harder to invalidate. The most recent changes targeted those issues that were most likely to result in the license being returned. Specifically, the legislature removed from consideration the legality of the initial traffic stop. The legislature also removed the protection that was once afforded by the accident report privilege under Florida Statute 316.066(6). And lastly, the driver is no longer entitled to subpoena the agency breath test machine inspector.

Of these, only the first change has been reportedly challenged. There are currently two circuit court decisions that address the matter. One in favor of the driver and one against. It will remain for the district courts of appeal to sort out the issue.

Mr. Canet was practicing DUI defense in 1991 when the change in the law took place. He was the first DUI attorney in Broward County DUI Attorney in Broward County to successfully challenge the new law based upon Double Jeopardy. And later, based upon the lack of neutrality of the department hearing officers. He has witnessed all the changes made to the statute over the years and has always been prepared to mount whatever challenge was necessary to protect his clients’ rights. He has vast experience with the Formal Review process and understands the requirements of each testing procedure. He is one of the few Fort Lauderdle attorneys Fort Lauderdale attorneys that also writes appeals from decisions of the department to the circuit court.

Currently, he is engaged in challenging those recently enacted portions of law that prohibit the attendance of the agency inspector at formal reviews and the application of the accident report privilege. He is, as is his custom on behalf of his clients, the first to attempt change for their benefit.

The formal review process has become increasingly complicated and anyone who attempts to go it alone cannot expect any measure of success. Losing the formal review will mean the loss of the privilege to drive under any circumstance for 30 or 90 days before application can be made for a hardship license. And, for those with prior convictions, no license of any type is available.

The process is full of pitfalls and is intended to keep drivers arrested for DUI off the roads. Only by obtaining an experienced attorney can the driver have any expectation of regaining their license.

Mr. Canet has been fighting and beating the department on behalf of clients for 17 years. At a time when it matters the most, let his experience, knowledge and expertise work for you.