Unlawful DUI License Suspensions Upheld in Florida

If you are arrested for suspicion of driving under the influence (DUI) in Florida, your driver’s license may be suspended for six months, as long as the arrest was made legally. Starting in October however your license will be suspended even if the arrest is deemed illegal.

Florida DUI defense attorneys are concerned about the new law because it voids one of the thresholds used in determining whether a driver’s license should be suspended or returned to a driver in DUI cases. Currently there are three items a license review officer considers when making such a decision: if there was probable cause to make the traffic stop; if the driver’s blood alcohol content was above the legal limit of .08; and whether the dui arrest was lawful.

Police can violate a driver’s Fourth Amendment protection against search and seizure and, even though the resulting dui arrest is illegal, you would lose your license.

There are many examples of an illegal dui arrest. An impromptu DUI sobriety check point may not meet official guidelines or the reasons for a traffic stop may not warrant a driver to be subjected to a field sobriety test.

DUI defense lawyers were taken by surprise by the legislation. It passed the Florida House of Representatives by a vote or 112 to 3, with five abstentions. The state Senate voted 39-1 in favor of the bill.

DUI Attorneys

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