When does DUI considered as double jeopardy? 16 Answers as of January 31, 2014

Why is having a trial for DUI and a hearing with Dept of Transportation for driving privileges after a DUI not considered double jeopardy?

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Fluhr & Moore, LLC | Steven S. Fluhr
The DOT is a civil matter and the DUI is a criminal matter. Double jeopardy only applies to criminal matters.
Answer Applies to: Missouri
Replied: 1/31/2014
Nichols Law Firm
Nichols Law Firm | Michael J. Nichols
you are not imperiled with loss of liberty, property or privileges with an administrative hearing - in other words it's not a criminal conviction
Answer Applies to: Michigan
Replied: 1/30/2014
Law Offices of Eric J. Bell | Eric J. Bell
DUI charges in Illinois generally have two parts to them: 1) the criminal charge of DUI where you typically face a sentence of up to one year in jail; and 2) the summary suspension civil proceeding where you are suspended if you refused the breathalyzer or took it and blew over .08. Unfortunately, the civil hearing contesting the suspension of your license and the criminal portion of your case regarding the criminal charge of DUI do not violate the principles of double jeopardy. They do not violate double jeopardy because one proceeding is civil concerning your privilege to drive a car and the other is criminal where all your Constitutional rights apply. The issue you've mentioned has been extensively litigated.
Answer Applies to: Illinois
Replied: 1/30/2014
Universal Law Group, Inc. | Francis John Cowhig
The court trial for DUI is a criminal charge where there is a potential for a jail sentence. A hearing before either the Department of Transportation or DMV is an administrative hearing where there is no jail penalty only the possibility of revoking or suspending your driving privileges. Driving is considered a privilege and not a right which is not covered by the Constitution.
Answer Applies to: California
Replied: 1/30/2014
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
No, it is not.
Answer Applies to: Michigan
Replied: 1/30/2014
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Because it's not for the same offense and its two separate entities. Your driving privileges being suspended is a civil matter, not criminal so double jeopardy wouldn't apply.
    Answer Applies to: Michigan
    Replied: 1/30/2014
    The Rogers Law Firm
    The Rogers Law Firm | Andrea Storey Rogers
    Because it's two completely separate cases: the criminal DUI case and the administrative action regarding your license.
    Answer Applies to: Missouri
    Replied: 1/30/2014
    Mace J. Yampolsky, LTD
    Mace J. Yampolsky, LTD | Mace Yampolsky
    Because the DMV hearing is an administrative procedure
    Answer Applies to: Nevada
    Replied: 1/30/2014
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    First of all, you are not entitled to a jury trial on your license suspension. Second of all driving is a privilege and not a right. So, an request by you to maintain your license, is just that...something that you requested. Once that is resolved, the state pursues criminal DUI charges, which involves a deprivation of your freedoms. You face jail and other criminal penalties if convicted.
    Answer Applies to: Georgia
    Replied: 1/30/2014
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    Civil vs criminal proceedings. Double jeopardy only applies to two criminal proceedings for same offense. Like OJ prosecuted criminally and sued for money civilly.
    Answer Applies to: California
    Replied: 1/30/2014
    The Law Offices of Harold L. Wallin | Harold L. Wallin
    Different issues and standard of proof.
    Answer Applies to: Illinois
    Replied: 1/30/2014
    Chambers Law Firm
    Chambers Law Firm | Dan E. Chambers
    Because the DMV proceeding is not a criminal proceeding and cannot result in jail time. It is an administrative proceeding.
    Answer Applies to: California
    Replied: 1/30/2014
    Eve Oldenkamp, Attorney at Law, P.C. | Eve Oldenkamp
    DMV is an administrative agency. They control your privilege to drive, your licensure. They are allowed to suspend your license for certain reasons immediately or within a short period of time, e.g. blew an .08 or over. There are limited grounds upon which you can challenge this suspension. The license suspension does not carry with it the liberty limitations, e.g. jail, that a criminal charge does and you are not "charged with a crime," but rather with a violation of your privilege to drive. Thus, you do not get a right to a jury trial and thus jeopardy does not attach. A DUI is a criminal charge that must be proven beyond a reasonable doubt to a judge or jury.
    Answer Applies to: Oregon
    Replied: 1/30/2014
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Because one is criminal and the other is civil. By way of illustration, assuming you are old enough to remember, remember the OJ Simpson case? As you may recall, he was acquitted in the criminal case, but found guilty in a subsequent civil action.
    Answer Applies to: Washington
    Replied: 1/30/2014
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    One is civil and the other is criminal.
    Answer Applies to: Nevada
    Replied: 1/30/2014
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Simple. One is civil, one is criminal.
    Answer Applies to: California
    Replied: 1/30/2014
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