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Dep't of Highway Safety and Motor Vehicles v. Brandenburg12/3/2004
ith revoke the driver's license...for the maximum time provided in subsection (a)." In this case, it would have been for one year, commencing with the conviction date. However, since the court did provide for a "revocation" period of 180 days, albeit nunc pro tunc, the Department could not have imposed this maximum period of revocation. As noted above, under the circumstances of this case, the Department should have filed motions to intervene in the criminal proceeding to correct the determination that the 180 days or 6 month revocation period was to run from date of the defendant's arrest or some date other than the date of conviction.
We also agree with the Department that the two different periods for suspension and revocation of driver's licenses provided for in the statutes do not violate double jeopardy. That concept applies to double or multiple criminal punishments. The two statutes discussed above, sections 322.28 and 322.2616, are not criminal statutes and they do not impose criminal punishments. Section 316.193, entitled "Driving under the influence, penalties," is the criminal statute which provides criminal penalties for this DUI offense, including fines. Sections 322.28 and 322.2616 are purely administrative provisions, and the requirements they impose fall within the Legislature's constitutional power to insure public safety on the highways. See Smith v. City of Gainesville, 93 So. 2d 105 (Fla. 1957); McDaniel v. State, 683 So. 2d 597 (Fla. 2d DCA 1996); Dept. of Highway Safety & Motor Vehicles v. Degrossi, 680 So. 2d 1093 (Fla. 4d DCA 1996).
Section 322.2615(15) recognizes that multiple periods of suspension, on arrest, should not be imposed if a person is arrested under both section 322.2615 and 322.2616, entitled "Suspension of license: persons under 21 years of age; right to review." However, the Legislature clearly has mandated two periods for suspension or revocation of driver's licenses in the context of DUI arrests and subsequent convictions. They may or may not overlap, but they are being imposed for two different events: arrest and conviction.
REVERSED and REMANDED for correction of the revocation order.
THOMPSON and ORFINGER, JJ., concur.
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