Cabrera's license was suspended because he refused to take a breath test when he was arrested late Feb. 16 on a rural highway west of Fort Pierce, Fla.
His attorney, Michael Kessler, said during a hearing Wednesday that Florida law states a driver has to be in control of an operable vehicle to be required to take a breath test. He said Cabrera's Land Rover had broken down and St. Lucie County Sheriff's deputies didn't see him driving the SUV.
Lorinna Metro, operations analyst for the Florida Highway Safety and Motor Vehicles Department, said she would rule on Cabrera's request to get his license back within seven working days.
Cabrera has been charged with driving under the influence of alcohol and resisting an officer without violence, both misdemeanors. He was not at the hearing.