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NCJ Number: 156385 Find in a Library
Title: Drunk Driving License Suspensions: Double Jeopardy Dilemma
Journal: Trial  Volume:31  Issue:6  Dated:(June 1995)  Pages:80-84
Author(s): L Taylor
Date Published: 1995
Page Count: 5
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
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
Main Term(s): Courts
Index Term(s): Alcohol consumption analysis; Driving Under the Influence (DUI); Drug law offenses; Drug testing; Drunk offenders; Right against double jeopardy; US Supreme Court decisions
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