
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: WEDNESDAY, June 7, 1995                   TAG: 9506070075
SECTION: NATIONAL/INTERNATIONAL                    PAGE: A-9   EDITION: METRO 
SOURCE: Associated Press
DATELINE: PORTLAND, MAINE                                LENGTH: Short

MAINE COURT UPHOLDS DRUNKEN-DRIVING LAW

Maine's highest court Tuesday upheld the constitutionality of the state's practice of trying accused drunken drivers after suspending their licenses.

A lawyer for two motorists argued that the 10-year-old policy violates the U.S. and state constitutions' bans on double jeopardy by twice punishing people for the same action.

The argument has cropped up in most of the 37 states, including Virginia, that currently suspend or revoke licenses before prosecuting drunken drivers. Trial court judges in at least a dozen states have dismissed drunken-driving charges in such cases.

The Maine Supreme Judicial Court, however, agreed with the state's argument that the immediate suspension of a driver's license is designed to protect the public from irresponsible drivers.

Hundreds of drunken-driving cases around Maine were on hold pending the decision.

The drivers' attorney, Leonard I. Sharon, said he would like to take the case to the U.S. Supreme Court.

Each of his clients was accused of driving with a blood-alcohol level exceeding Maine's legal limit of 0.08 percent for an adult. Hearing officers found enough evidence to suspend both their licenses.

by CNB