ALS, administrative licenses, double jeopardy


This Note argues that revocation of a driver's license under ALS proceedings is not a bar to subsequent criminal prosecution by the state. It discusses the potential double jeopardy implications surrounding ALS that is followed by criminal proceedings, as well as the reasoning employed by a majority of the courts that hold that an ALS is remedial and, therefore, not punishment for purposes of the Double Jeopardy Clause. It argues that with regard to determining whether an ALS is punitive, the appropriate test should balance the effect of the statute on the driver against the state's interest in protecting the public safety. This Note concludes that the punitive effects on drunken drivers by the imposition of a 90-day driver's license suspension and a moderate reinstatement fee is not disproportionate to the perceived risk drunken drivers pose to society while they await trial, and thus the presumption that the government is acting in a non-punishing capacity is not rebutted. Thus, the typical 90-day ALS is not punitive and may be accompanied by subsequent criminal prosecution.

Included in

Criminal Law Commons



To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.