Moman v. City of Leeds, 748 So. 2d 226 (Ala. Cr. App. 1999) –[Double jeopardy argument]
After a DUI arrest, Moman received an administrative license suspension pursuant to section 32-5A-300 from the Director of Public Safety for a period of one year. Subsequently, Moman was convicted of DUI, received a two day jail sentence, and a fine of $1,100. Moman argued on appeal that his conviction and sentence by the trial court and the suspension of his driver’s license constituted double jeopardy.
Held: The suspension of the driver license by the Department did not subject Moman to double jeopardy. His driver license was suspended by an administrative agency, not a court empowered to punish. Double jeopardy applies only to criminal prosecutions, not to administrative proceedings. Further, the suspension of Moman’s driver license was not a punishment, but an action to protect the public. Citing Mechur v. Director, Dep’t of Public Safety, 446 So. 2d 48 (Ala. Civ. App. 1984).