State, Department of Highway Safety & Motor Vehicles v. Berry

ALTENBERND, Judge.

The State of Florida, Department of Highway Safety and Motor Vehicles (the Department) seeks certiorari review of two circuit court orders. The orders reinstate the driving privileges of Robert Berry and Edward McGee, each of whom refused to submit to a breath, blood, or urine test in conjunction with a lawful DUI arrest. We grant the petitions and reverse these orders because the circuit court did not apply the correct law.

The operative facts in these two cases are identical. In 1992, Mr. Berry and Mr. McGee were each arrested in Charlotte County for driving under the…