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Due Process and Automatic License Suspensions

By Lawrence Taylor

So you got stopped last night and arrested for drunk driving. And right after the breathalyzer showed a blood-alcohol reading of .12%, the officer confiscated your driver?s license and gave you a piece of paper that said it was immediately suspended. What happened?, you ask. Can they do that? I thought I was presumed to be innocent, and the state has to prove my guilt beyond a reasonable doubt before they can punish me. And I remember something about due process: Can they punish me before giving me a chance to defend myself? Good questions. The Department of Motor Vehicles (or whatever they call it in your state) is required by law to immediately suspend the driver?s license of anyone arrested for (not convicted of) drunk driving who (1) has a ...continue to full post

Full post as published by DUI Blog on June 03, 2008 (boomark / email).