subject: Fighting A Dui License Suspension [print this page] Arenas vs. Department of Highway Safety and Motor Vehicles, Division of Driver Licenses, Bureau of Administrative Reviews
The Petitioner in this case filed for a writ of certiorari to the Second District Court of Appeal. Petitioner was challenging the Circuit Court's rejection of his writ of certiorari which affirmed the DHSMV's suspension of his driver's license. Petitioner's driver's license was suspended for his refusal to submit to a breath test after he was arrested for a DUI.
Petitioner was stopped by an officer with the Ft. Myers police department on or about November 20, 2010. When asked to exit his vehicle, Petitioner refused to perform any roadside sobriety exercises. Petitioner was subsequently placed under arrest for DUI. Petitioner was asked to submit to a breath test once he was arrested and he refused. The State Attorney declined to prosecute the DUI and also the refusal to submit to a breath test based upon the belief that there was insufficient evidence to prove the case beyond a reasonable doubt.
Petitioner's refusal to submit to a breath test resulted in a one year administrative suspension of his driver's license through the DHSMV. Petitioner requested a formal review of the administrative suspension. In the hearing, he moved to invalidate the suspension based on the unlawfulness of the traffic stop as well as insufficient evidence of impairment. The hearing officer denied Petitioner's request as well as upheld the one year suspension on the grounds that the hearing officer found that reviewing the lawfulness of the arrest is beyond the scope of an administrative hearing.
Petitioner filed for a writ of certiorari in the Circuit Court that was denied. Petitioner subsequently filed for a writ of certiorari in the Second District Court of Appeal that was granted. The Second District Court of Appeal held that the Petitioner has to be afforded some mechanism to challenge the lawfulness of his DUI arrest as a defense to an administrative license suspension. The Court left the choice concerning the particular means to the Circuit Court stating that the Circuit Court could either send the case back to the DHSMV or allow Petitioner leave to file a declaratory action for the purpose of challenging the lawfulness of the arrest.
