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U.S. v. Imngren
98 F.3d 811 (4th Cir. 1996)1 Citing case
Brewer v. Kimel
256 F.3d 222 (4th Cir. 2001) Cited 6 timesHolding that the imposition of a thirty-day period of administrative license revocation did not amount to criminal punishment so as to prevent a later prosecution for driving while impaired
The sole issue on appeal is whether North Carolina's thirty-day ALR period amounts to criminal punishment, triggering the protections of the Double Jeopardy Clause. U.S. Const. Amend. V. We review the district court's grant of summary judgment denying a double jeopardy claim de novo. United States v. Imngren, 98 F.3d 811, 813 (4th Cir. 1996). N.C. Gen.Stat. ยง 20-16.5 (1999), entitled "Immediate civil license revocation for certain persons charged with implied-consent offenses," provides for a thirty-day revocation of the driver's license of a person charged with an implied-consent offense who either refuses a blood alcohol level (BAC) test or consents to such a test and has an alcohol concentration in excess of the applicable legal limit (.08 ordinarily).