Last Thursday, the Florida Supreme Court ruled that the state can no longer suspend motorist’s license if they refuse a DUI test. What’s the catch? That is only if the driver felt the refusal did not follow a lawful stop.
Prior to this ruling, Florida’s “implied consent” law required that if police officials had probable cause to pull a suspected motorist over and they denied the sobriety test, their license would immediately be suspended. Officials never had to consider the legality of the stop.
In the article, DUI License Suspension Rules Will Change After Ruling, attorney David Robbins says, “This gives defendants a fighting chance.” He and another attorney believed that since law enforcement had the ability to suspend someone’s license right on the spot, suspects had no chance to appeal the decision.
So what does the passing of this law tell us? It’s safe to say that we’ll see an uptick in the number of people that will challenge the lawfulness of their stop.
This law applies to DHSMV administrative suspension proceedings and excludes all criminal DUI cases.