Hardesty, Tyde, Green & Ashton, P.A. blog

The Florida Supreme Court ruled that a persons drivers license cannot be suspended when the only basis for the suspension is an illegal arrest by the police and the driver refuses the breath alcohol- detection test. The implied consent law requires all drivers to agree to a breath, blood and/or urine test when there is "reasonable suspicion" that the driver of a motor vehicle is doing so when his or her "normal faculties are impaired." This ruling regarding Driving Under the Influence (DUI) arrests will require hearing officers with the Department of Highway Safety and Motor Vehicles to consider the legality of the arrest and will allow defendants to put forth evidence regarding the DUI arrest. Prior to this ruling the Department of Highway Safety and Motor Vehicles would almost always suspend licenses due to a driver refusing the test. If you have a DUI or other criminal charge please contact us to discuss your case.