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29 Loy. L. A. L. Rev. 1273 (1995-1996)
Is the DUI Double-Jeopardy Defense D.O.A.

handle is hein.journals/lla29 and id is 1301 raw text is: IS THE DUI DOUBLE-JEOPARDY DEFENSE D.O.A.? I. INTRODUCTION Drunk driving is one of the most commonly committed crimes in the United States.1 In fact, for every motorist arrested for driving under the influence (DUI), there are an estimated 2000 drunk drivers who go undetected.2 In 1994 alone alcohol contributed to 16,884 traffic fatalities.3 These statistics have not gone unnoticed by the private organiza- tions and various government agencies that have sought to combat the problem by supporting or passing tougher laws.4 Their efforts have resulted in increased penalties for drunk driving and lower legal limits for blood-alcohol levels.5 One of the most successful statutory wea- pons in the war against drunk driving, however, has been automatic license suspensions or revocations for those drivers who either refuse a test for alcohol or who take the test and score above the legal limit.6 In some states the refusal or failure allows a police officer to seize the license and issue a temporary one that automatically expires in a specified number of days; in other jurisdictions, the officer is required to notify the state department of motor vehicles, which then suspends or revokes the license.7 In addition to the suspension or 1. LAWRENCE TAYLOR, DRUNK DRIVING DEFENSE 3 (3d ed. 1991). 2. Thomas B. Griffen, Note, Zoning Away the Evils of Alcohol, 61 S. CAL. L. REV. 1373, 1374 (1988). 3. Lori Sham, Drunk and Deadly: Habitual Drinkers Who Drive Defy Treatment, USA TODAY, June 21, 1995, at 1A, 2A. 4. Griffen, supra note 2, at 1374. 5. See, e.g., 23 U.S.C. § 408 (1994). See generally John H. Reese & James B. Borgel, Summary Suspension of Drunken Drivers' Licenses-A Preliminary Constitutional Inquiry, 35 ADMIN. L. REV. 313 (1983) (discussing how lawmakers have sought to deter drunk driving). 6. See Griffen, supra note 2, at 1413 (stating that summary suspension of licenses has been hailed as an effective tool against drunk driving); Mark A. Stein, New Drunk Driving Law Called Success, L.A. TIMES, May 20, 1991, at A3, A22 (noting that two nationwide studies showed that immediate license suspensions were the most effective deterrent to drunk driving). 7. See ALA. CODE § 32-5-192(c) (1989); ALASKA STAT. § 28.35.032 (1994 & Supp. 1995); ARIZ. REV. STAT. ANN. §§ 28-691(D) to -694(A) (1989 & Supp. 1995); ARK. CODE ANN. §§ 5-65-104(a), -205(a) (Michie 1993 & Supp. 1995); CAL. VEH. CODE §§ 13353- 13353.1 (West 1987 & Supp. 1996); CAL. VEH. CODE §§ 13353.2(a) to (c), 23157(e)-(f), 23158.5 (West Supp. 1996); COLO. REV. STAT. § 42-2-126(5)(a)-(b) (Supp. 1995); CONN. 1273

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