Justices: License suspension legal

The state Supreme Court said Thursday that a man arrested on suspicion of driving while intoxicated was not unconstitutionally deprived of his license when it was suspended in an administrative hearing.

An attorney for Michael Leonard Miller had argued last week that the law allowing administrative suspensions imposed before someone is convicted of any offense is unconstitutional.

Miller was pulled over in 2010 on suspicion of driving while intoxicated. His driver’s license was suspended for six months and his commercial license was suspended for a year, as is spelled out in Arkansas law.

He contested the suspension in an administrative hearing, where the hearing officer upheld the suspension.

Miller argued in Washington County Circuit Court that Arkansas Code Annotated 565-402, which allows administrative license suspensions, is unconstitutional. The circuit court ruled against him and said the law was applied constitutionally in his case.

The Supreme Court found that the circuit court did not err when it made that decision. The justices considered only whether the law was unconstitutional as it was applied to Miller.

Miller argued that his administrative hearing was a “sham” because the hearing officer later testified that she listened only to the state’s evidence.

Justice Jim Gunter noted that the U.S. Supreme Court has ruled that a driver’s license is a constitutionally protected interest, and a “meaningful” hearing must take place before a license can be taken away. But the U.S. Supreme Court also said that “something less” than an evidentiary hearing is sufficient as long as there is a prompt review.

Gunter said Miller’s administrative hearing did consider a doctor’s note provided by Miller and that circuit court hearing was granted promptly.

Miller, who was taking numerous prescription medications at the time he was pulled over, was found innocent of the criminal DWI charge in a trial in Springdale District Court.

At the Supreme Court, the case is 11-879, Michael Leonard Miller v. Arkansas Department of Finance and Administration, Richard Weiss, Director.