"Miguel Cabrera will find out in about a week whether he'll get his driver's license back after his attorney argued today that the Detroit Tigers star wasn't seen driving before he was arrested on suspicion of driving under the influence.

Cabrera's license was suspended because he refused to take a breath test as he was being arrested the night of Feb. 16 on a rural highway west of Ft. Pierce.

Michael Kessler, a Ft. Pierce attorney representing Cabrera, argued during an administrative hearing today that Florida law states a driver has to be in control of an operable vehicle to be required to take a breath test. He noted that though the St. Lucie County Sheriff's deputies who arrested Cabrera saw him drinking Scotch in his Land Rover that had broken down on State Road 70, they didn't see him drive it there.

"While that may be in violation of a number of laws," Kessler told Lorinna Metro, operations analyst for the Florida Highway Safety and Motor Vehicles Department, "it is not a violation of state DUI laws."

Metro said she would rule on Cabrera's request within seven working days. The hearing was held in a tiny office with barely enough room for a desk and three chairs.

Cabrera, who has a business permit that allows him to drive for job-related activities, did not attend the hearing. He is playing for the Tigers in their afternoon game against the Tampa Bay Rays at Comerica Park. "