California DUI Defense and "Double Jeopardy" Charges
America's longstanding legal tradition against "double jeopardy" fails to protect California DUI defendants from multiple penalties for a single charge.
California DUI arrests related to alcohol almost always result in two mandatory processes: one in court, another with DMV...
Our Los Angeles DUI Lawyers point out this is odd because the 5th Amendment of the U.S. Constitution forbids what is known as "double jeopardy," in other words prosecuting and punishing a person two times for a single act. Because a California court and DMV may both end up imposing a drivers license suspension on a defendant, many DUI cases end up looking a lot like double jeopardy.
This situation exists in many states and the U.S. Supreme Court has not issued a specific opinion on it.
Our Los Angeles DUI Lawyers explain that the relationship between California DUI defense and double jeopardy charges currently requires defendants to accept and confront this unfair situation. People who wish to mount the most effective defense possible should therefore consult an attorney who is experienced and effective with both.