License Suspensions for DUI/DWI

Even if a driving under the influence (DUI) or driving while intoxicated (DWI) defendant does not receive a sentence of incarceration, it is likely that the defendant's license will be suspended or revoked. Courts are often limited by statute as to whether they can change the suspension terms to limit the impact on a defendant. A license suspension is generally not intended as a punishment but rather as a civil penalty imposed to protect the public.

Administrative license suspension (ALS) laws allow the police to confiscate the license of any driver that is arrested on suspicion of drunk driving who either refuses to submit to or fails a chemical test for alcohol. The license suspension generally takes place immediately at the time of the arrest. After the license is confiscated, the driver is often given a notice of suspension, which acts as a temporary permit that is valid for a short period during which the driver can appeal the suspension.

If a driver does not appeal the suspension, or if the driver's appeal is unsuccessful, the driver's license is suspended. The amount of time of the suspension varies by state, but suspensions commonly last 90 days. However, repeat drunk driving offenders may be subjected to longer suspensions. Many states have attempted to alleviate some of the difficulties incurred in license suspensions by authorizing the issuance of a conditional or restricted license. A conditional or restricted license allows the offender to drive only under limited circumstances, such as to and from work.

A suspension under an ALS law is not the same as a criminal prosecution. The criminal prosecution is handled separately through the courts. Although many people have challenged this procedure as violating the Double Jeopardy Clause of the U.S. Constitution, the courts have generally concluded that criminal drunk driving prosecutions following license suspensions under ALS laws do not violate double jeopardy. The courts based their decisions on the fact that the license suspension is a civil penalty and not a criminal sanction.

Copyright 2010 LexisNexis, a division of Reed Elsevier Inc.