Florida Department of Highway Safety & Motor Vehicles v. Hernandez
74 So. 3d 1070
| Fla. | 2011Background
- Florida DHSMV suspended Hernandez's license for refusing a breath test under §322.2615(1)(b)1.a. and the implied-consent framework §316.1932, but the arrest-related legality of the test was in dispute.
- Hernandez and McLaughlin involved conflict between First and Second Districts on whether the hearing officer may review whether the arrest was lawful.
- The Court read §§322.2615 and 316.1932 in pari materia, holding a test must be incident to a lawful arrest and the suspension cannot be predicated on a non-incidental refusal.
- The majority agrees the licensee may challenge whether the refusal was incident to a lawful arrest during DHSMV review and that such review is constitutional.
- The decision consolidates Hernandez and Pelham, rejects McLaughlin, and maintains a mechanism to challenge unlawful suspensions; a dissent argues about statutory construction and due-process concerns.
- The issues were framed as two certified questions: (1) whether suspension is allowed when the refusal is not incident to a lawful arrest, and (2) whether the arrest-lawfulness issue is within the hearing officer's review scope.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Can DHSMV suspend for refusal not incident to lawful arrest? | Hernandez: not lawful to suspend on non-incidental refusal | DHSMV: suspension permissible under §322.2615(1)(b) if statutory reading supports it | Negative; cannot suspend where refusal is not incident to a lawful arrest. |
| Is the arrest-lawfulness issue within the hearing officer's review scope? | Driver may challenge the arrest's lawfulness through review | Review limited to enumerated issues; arrest-lawfulness not included | Affirmative; the issue is within the hearing officer's review scope. |
Key Cases Cited
- Hernandez v. Department of Highway Safety & Motor Vehicles, 995 So.2d 1077 (Fla. 1st DCA 2008) (driving privilege suspension only for test incident to lawful arrest; district conflict resolved via pari materia)
- Department of Highway Safety & Motor Vehicles v. Pelham, 979 So.2d 304 (Fla. 5th DCA 2008) (reading §§322.2615 and 316.1932 in pari materia; unlawful arrest invalidates suspension)
- McLaughlin v. Department of Highway Safety & Motor Vehicles, 2 So.3d 988 (Fla. 2d DCA 2008) (held differently about review scope; rejected by majority)
- Bell v. Burson, 402 U.S. 535 (U.S. 1971) (due process and license-suspension entitlements)
- Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306 (U.S. 1950) (notice and procedural due process principles)