Florida high court may decide if DMV overstepped authority

TALLAHASSEE, Fla. - - The Florida Supreme Court is trying to decided if the DMV overstepped its authority when it refused to reinstate the licenses of two Florida drivers convicted of DUI in 2002.

The DMV refused to give the drivers their licenses back because the drivers refused have ignition interlock devices installed in their cars. The devices require drivers to pass a breathalyzer test before their cars will start. Louis Hubener, an attorney defending the state, says the case is bogus because the drivers passed up a chance to appeal the DMV’s order.

“None of these people availed themselves of that remedy," Hubener said. "They now come to this court and say oh, it was just completely inadequate.”

The case will have little impact on future DUI cases, because in 2005 the legislature gave the DMV the right to refuse reinstatement for DUI offenders who refuse the devices.