NCJ Number
156385
Journal
Trial Volume: 31 Issue: 6 Dated: (June 1995) Pages: 80-84
Date Published
1995
Length
5 pages
Annotation
If a driver is arrested for drunk driving and a breath test indicates a blood-alcohol concentration of 0.10 percent (in some States 0.08 percent) or higher, the driver will be presumed guilty of drunk driving and his or her license will be confiscated in most States, and questions involving the double jeopardy clause of the fifth amendment have been raised with respect to drunk driving license suspensions.
Abstract
At issue is whether the driver is being prosecuted and punished twice for the same offense, that is, criminal prosecution for drunk driving in addition to license confiscation. The U.S. Supreme Court has adopted a three-pronged approach to parallel driver license confiscation and criminal prosecution proceedings in drunk driving cases: (1) there is a strong presumption that driver license suspension at least partially serves punitive or deterrent purposes; (2) because the suspension proceeding focuses on the licensee's culpability, it is likely that suspension at least in part deters and punishes guilty conduct; and (3) State legislatures can tie license confiscation and suspension directly to offense commission in order to deter or punish law violators. Other court decisions involving the double jeopardy dilemma of drunk driving license suspensions are described. 28 notes