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Due Process and DUI 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 .09%, the officer confiscated your driver's license and gave you an official notice of immediate suspension. "What happened?", you ask. Can they do that? I thought I was presumed to be innocent, and the state had to prove my guilt beyond a reasonable doubt before they can punish me. And I remember something about "due process": Can they suspend my license for DUI 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) DUI who (1) has a ...continue to full post

Full post as published by DUI Blog on February 19, 2010 (boomark / email).