| The punishment for driver's suspected of DUI for | | | | anybody's right but a form of privilege. The rules in the |
| simply taking the test and having a result that exceeds | | | | issuance of licenses by states are already included |
| the legal limit of the test began 20 years ago. Loss of | | | | that say the license can be revoked or confiscated in |
| license, if the person suspected refused to take the | | | | the event of an arrest. Furthermore, the courts can |
| chemical tests such as blood, breath or urine sample | | | | provide a significant and logical reason in revoking a |
| test, has already been passed by all states. | | | | driver's license in DUI, which defied other issues such |
| Other states have formulated simple suspension or | | | | as double jeopardy, not adhering to due process, equal |
| revocation, which lawyers who specializes in this area | | | | protection, etc. |
| often refer to this as Administrative License | | | | In an effort to win the case, the attorney who takes in |
| Revocation or ALR or Administrative License | | | | a case in DUI takes very important steps in the |
| Suspension or ALS. But, in essence, it is all practically | | | | administrative hearing. The states issuing the laws in |
| the same. | | | | license revocation also gives only a short time for |
| The ALR and ALS are designed as a punishment just | | | | attorneys to file any appeal or motion to rescind or |
| for taking the test and achieving a resulting test score | | | | dismiss this particular administrative case. It runs in a |
| exceeding the legal limit and an addition to the classic | | | | minimum of 5 and a maximum of 30 days in order to |
| DUI punishments like suspension or probation, jail time, | | | | file a motion from the time of the arrest. After this |
| community service hours, interlock device, rehabilitation, | | | | period is done, you can no longer appeal for a hearing. |
| etc. They are just an immediate revocation or | | | | It may take you through complex processes as well |
| suspension, which is subject to due process in the | | | | as costly steps in order for you to get back your |
| form of hearing in an attempt to dismiss or rescind the | | | | driving privilege after the issuance of license |
| case. Therefore, a DUI arrest is both a criminal and an | | | | suspension or revocation. |
| administrative case against the suspect. | | | | You need to keep in mind that the burden of proof lies |
| However, issues rose during the late 80s and early | | | | in the civil burden of proof in these administrative |
| 90s filed by most defense attorneys stating that the | | | | cases. This civil burden of proof is easier than the |
| defendant is being punished twice in a single offense. | | | | standard "proof beyond any reasonable doubt" for a |
| But, courts upheld their belief that driving is not | | | | criminal trial case. |