State v. Howell

This case presents the question, Does the administrative revocation of a driver’s license for refusal to submit to a chemical test constitute punishment, such that any subsequent criminal prosecution puts the offender twice in jeopardy? Although we addressed a similar question in State v. Hansen, 249 Neb. 177, 542 N.W.2d 424 (1996), we now readdress Nebraska’s administrative license revocation statute, applying the U.S. Supreme Court’s analysis from Hudson v. United States, 522 U.S. 93, 118 S. Ct. 488, 139 L. Ed. 2d 450 (1997). We conclude that administrative license revocation for failure to…