Are there any defenses available to a person at an administrative per se hearing?

In Florida, an administrative per se hearing allows individuals who have been accused of driving under the influence (DUI) to present defenses to avoid license suspension or other penalties. Even though the standard of proof is low and the burden of proof is on the accused to prove their innocence, there are still some defenses available in an administrative per se hearing. The first and most common defense is that the driver was never actually driving the vehicle. This can be difficult to prove, however, as the state may still charge a person based on circumstantial evidence such as the person being at the scene of the accident. The second defense is that the person was not under the influence at the time of the accident. To prove this defense, the person must show that their blood alcohol concentration (BAC) at the time of the accident was lower than the legal limit. This can be done by showing that the person drank after the accident or that the amount of alcohol consumed was not enough to reach the legal limit. The third defense is that the evidence presented was not reliable. This defense often relies on the testimony of expert witnesses or other evidence that could be brought into question. Finally, a person accused in an administrative per se hearing may argue that the evidence was obtained unlawfully or that the arresting officer failed to follow proper procedures. This defense may be difficult to prove, however, and should only be used if other arguments have been exhausted.

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Are there any defenses available to a person at an administrative per se hearing?

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