On December 30, 2025, the Florida Supreme Court issued an opinion that significantly changes the landscape of Florida DUI law. The recent Florida Supreme Court decision in State of Florida v. Bryan Allen Repple is a landmark ruling in our state.
For many years, the “color of office” doctrine applied to police authority which suggested that if an officer crossed into another jurisdiction to collect evidence, they were no longer acting with official authority, and such evidence could/should not come in as evidence for the State.
In State v. Repple, the defendant was arrested in Maitland, Florida for DUI, but the breath test was administered at a facility in Orange County, which was outside the officer’s city limits. The trial court and the interim appellate court originally agreed with the defense, suppressing the breath test results.
However, the Florida Supreme Court overturned those court rulings. The majority of the Florida Supreme Court held as follows:
“We hold that, under Florida’s implied consent law, a municipal police officer who makes a DUI arrest within his jurisdiction is implicitly authorized to request a breath test outside his jurisdiction when necessary to complete the statutory process.”
This is now the law throughout the state of Florida for DUI cases. The “invisible line” of city limits can no longer be used as a shield to suppress breath evidence, provided the initial arrest was lawful.
If you have been arrested and would like to discuss your case and representation, please give our office a call. The initial consultation is free.