Equally as important as providing effective assistance of counsel in court, the DUI defense attorney must also provide proper representation of the client before the Department of Highway Safety & Motor Vehicles, Bureau of Administrative Reviews. In 1991, the Florida legislature enacted what was then referred to as the "roadside suspension" statute. In effect, this law gave law enforcement officers the authority to suspended drivers licenses on behalf of the DHSMV. Police officers can now suspend the licenses of those persons they arrest for DUI provided the person blows above a .08 or refuses to provided a legally requested breath, urine or blood test. The most important element of the suspension process is the availability of a "formal review," of the department imposed administrative suspension.
If it appears that a person arrested for DUI is having their license suspended twice for the same conduct. That would be correct. I was part of an effort back in the early 90's to challenge the administrative process as a violation of double jeopardy. At the time, it was clear that according to a United States Supreme Court opinion dealing with forfeitures, that the administrative suspensions did violate double jeopardy. However, when the Florida appellate courts reviewed the issue they defended the administrative suspension law and today it is still intact.
The administrative suspension can be just as costly as any penalties imposed in court. If the driver does nothing ten (10) days following his arrest the time to request a formal review of the administrative suspension will expire. At that point, depending on whether there was a chemical test result or a refusal, the driver will have to wait either 30 days or 90 days before they can apply for a temporary hardship license. If the driver has a prior refusal, the suspension will be for 18 months with no chance for a hardship license during that time.
The South Florida DUI defense lawyer must be aware that winning the formal review on behalf of the client arrested for DUI is critical. Formal reviews take place locally in three main DHSMV offices. In Miami-Dade County the Bureau of Administrative Reviews is located at 2515 West Flagler Street in Miami. The phone number is 305-643-6975. In Broward County the office is located at 3708 West Oakland Park Boulevard in Lauderdale Lakes. The phone number is 954-714-3552. In Palm Beach County the DHSMV office is located in Lake Worth at 6801 Lake Worth Road. The phone number is 561-433-3635.
In the entries to follow I will detail the formal review process and the issues facing the DUI defense attorney in challenging administrative suspensions through this process.
