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: DUI Blog

Another ?DUI Exception to the Constitution?: Double Jeopardy

By Lawrence Taylor

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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 concentration (BAC) of .08%, in most states administered by its department of motor vehicles, and (2) the criminal prosecution which takes place in the courts. The criminal prosecution will be for driving under the influence of alcohol (DUI) and driving with .08% BAC. In other words, even though he only drove once, 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 08, 2009 (boomark / email).

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