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Florida Administrative DUI License Suspension Overturned because There was no evidence presented below to show that Deputy had reasonable suspicion to detain the Suspect to perform field sobriety exercises. The DHSMV argued that Suspect was not detained by Deputy, the only evidence presented to the hearing officer regarding Suspect's interaction with Deputy showed that a detention occurred. Suspect testified that Deputy asked for his license and that he waited approximately an hour for a second Deputy to arrive after giving first Deputy his license. Suspect also testified that he felt that he was not free to go and that he never got his license back.

The Appeals Court recognized that retention of a driver's license for such things as conducting a warrants check does not always constitute detainment; however, the Court found that holding Petitioner's license for an hour while waiting for backup to arrive turned into a detainment, and absent evidence in the record showing a lawful basis for such detention, the hearing officer departed from the essential requirements of the law in upholding Petitioner's license suspension.

The Court notes that though the second Deputy's affidavit may have provided facts constituting reasonable suspicion to detain Suspect to perform field sobriety exercises, the first Deputy's unlawful detainment of Suspect prior to the second or backup Deputy's arrival rendered the arrest unlawful.

Florida Administrative DUI License Suspension

Source: Case No. CA08-1236

Labels: Administrative Suspension, Breath Test Results Affidavit, DHSMV