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Stoletz v. State5/20/2004
he provisions of section 322.28(2) and its relationship to section 316.655(2) would give effect to the language in both statutes. First, it would be consistent with the dictate of sections 322.28(2)(a)(2) and (3) that the revocation be for periods of "not less than" five and ten years, respectively. Second, this construction would effectuate the Legislature's intent, expressed in section 316.655(2), that the decision to revoke a driver's license be justified by the "the need to provide for the maximum safety for all persons who travel on or who are otherwise affected by the use of the highways of this state." Finally, this construction would give trial courts guidance in exercising discretion under section 322.28(2).
Absent application of the criteria supplied by section 316.655(2), revocations imposed upon second-and third-time DUI offenders under section 322.28(2) could vary widely, without regard to the circumstances of the offense. Further, without articulated criteria, there is no basis for an appellate court to determine whether a trial court abused its discretion in permanently revoking a license under section 322.28(2). I do not believe the Legislature intended this result in authorizing commensurately longer revocations for repeat DUI offenders.
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