Driver’s License Sanction Most states predicate their motor vehicle licensure laws on one simple legal con

cept – driving is a privilege, not a fundamental right – so any driver’s license sanct ion is remedial, not punitive. Consequently, a drunk driving criminal charge is separate and distinct from a driver’s license suspension. For example, despite an acquittal on a drunk driving charge, the department of transportation is still a llowed to suspend driving privileges for a drunk driving offense. The rationale is twofold. First, there is a legal distinction surrounding the definition of punishment. A criminal charge is considered punishment because a jail sentence can be imposed, while a driver’s license suspension is remedial because no incarceration can resu lt. Second, there is a different standard of proof. In a criminal case, the stat e must prove guilt beyond a reasonable doubt, whereas a civil case only requires a preponderance of the evidence. Despite the cockeyed rationale, this remains t he predominate judicial interpretation of drunk driving laws. If you have been arrested and charged with a DUI, contact Sacramento DUI lawyer Richard Allaye Chan Jr. for free consultation. Call (916) 446-4400 today. Allaye Chan Law 1000 G Street, Suite 220 Sacramento, CA 95814 (916) 446-4400

Sign up to vote on this title
UsefulNot useful