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Double Jeopardy

Criminal & DMV

The usual procedure in drunk driving cases is to proceed against the accused on two separate fronts: criminal prosecution and administrative license suspension. The end results, however, are similar: The client is punished. Does a criminal prosecution following an administrative license suspension (or vice versa) constitute double jeopardy?

The traditional view has been that it does not. This is usually rationalized on the pretext that license suspension, unlike criminal sentencing, is not punitive in nature. Thus, for example, in Ellis v. Pierce, 282 Cal. Rptr. 93 (Cal. App. 1991), the defendant was charged with drunk driving — and one week later his license was suspended for six months for refusing to submit to breath and blood alcohol testing. On appeal from the suspension hearing, he argued that the suspension constituted double jeopardy because of the previously filed DUI complaint.

The appellate court held that a person who had already been criminally prosecuted could not be subjected to a second civil sanction — unless that sanction was not punitive. The court then looked at the nature of a refusal license suspension and observed that since it could not be characterized as retribution, deterrence, or compensation to any party for a loss, it was not punitive.

What is Double Jeopardy DUI?

In the context of DUI (Driving Under the Influence) law, "Double Jeopardy" refers to a situation where a person is tried twice for the same offense. The concept of Double Jeopardy is derived from the Fifth Amendment to the United States Constitution, which protects individuals from being tried twice for the same crime. However, there are exceptions to this principle, and one of them is when a person is being tried for the same offense by both state and federal authorities.

In the context of a "Double Jeopardy DUI," it could refer to a situation where a person is facing DUI charges at both the state and federal levels. This might occur if the alleged DUI offense took place on federal property (such as a national park or military base) and is therefore subject to federal jurisdiction, in addition to being subject to state DUI laws.

It's important to note that the specifics of DUI law and how Double Jeopardy applies can vary by jurisdiction, so it's always best to consult with a qualified attorney if you or someone you know is facing DUI charges.

If you have any questions about how double jeopardy may relate to your case, call The Law Offices Of Taylor & Taylor at (562) 330-4173 or fill out our online contact form today.

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