James Robert Parker v. State Florida

In these consolidated cases, both respondents were charged with driving under the influence of alcohol. Both refused to take a blood alcohol test and their drivers licenses were suspended as a consequence. Upon formal review of the suspensions, a hearing officer determined that sufficient evidence existed to sustain the suspensions. Both respondents filed petitions for writs of certiorari, which were granted by the circuit court. The State of Florida, Department of Highway Safety and Motor Vehicles ("Department"), now petitions for certiorari review by this court of the lower courts decision that sections 322.261 and 322.2615, Florida Statutes (1991) are facially unconstitutional because they effect a forfeiture of a property right without due process of law. We grant the writs.