In most states, DUI / DWI is a unique offense in that it generates two separate cases against the driver.
1. A criminal court case that can result in fines, penalties
and jail time.
2. An administrative case againist the driver by The Department of Motor Vehicles (DMV) which consists
of a hearing that can lead to the suspension or revocation of the driver's
This instance of dual charges for a single criminal act does not violate drivers' constitutional protection against double jeopardy
because the DMV case is considered an administrative action, rather than a criminal case.
It's noteworthy to point out that both of these actions can be challenged; and often successfully by an experienced attorney.
Although a DMV hearing; as well as the criminal hearing are complex and technical procedures, a skilled DUI / DWI
criminal defense attorney will attack the evidence and
fight to protect the driver's license.
The defense of drunk drivers is a complex and technical area of the law. Considering the DUI consequences and the narrow
time frames for action imposed by most states; you need to contact an experienced DUI lawyer near you in a very timely manner. Most offer a
Locate Sobriety Check Points and Speed Traps BEFORE You Get To Them!
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