State Ex Rel. Schwartz v. Kennedy

OPINION

FRANCHINI, Justice.

1. In this case we answer the question whether a conviction for driving while intoxicated (DWI), NMSA 1978, § 66-8-102 (Repl. Pamp.1994), following the revocation of the defendant’s driver’s license in a civil proceeding for failing or refusing a chemical test for blood-alcohol content administered pursuant to the Implied Consent Act, NMSA 1978, §§ 66-8-105 to -112 (Repl.Pamp.1994), constitutes double jeopardy. We conclude that double jeopardy is not implicated by this process because an administrative driver’s license revocation under the Implied Consent Act does…