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Double Jeopardy and Double Punishment in DUI Cases

By Lawrence Taylor

When a person is arrested for DUI, his driver's license is confiscated by the arresting officer and he is given a notice of "administrative suspension". He is also given a citation to appear in court to face criminal drunk driving charges. These are usually two very different procedures: (1) the administrative suspension for driving with blood-alcohol of .08%, in most states administered by its department of motor vehicles, and (2) the criminal prosecution for the two separate offenses of driving under the influence of alcohol (DUI, DWI or OUI) and driving with .08%, which takes place in the courts. In other words, even though he only committed one act, the individual is being prosecuted for two different crimes: DUI and driving with a ...continue to full post

Full post as published by DUI Blog on June 20, 2010 (boomark / email).