State v. Hanson

OPINION

PARKER, Judge.

These consolidated appeals raise the legal issue of the application of the Double Jeopardy Clause to an implied consent driver’s li*600cense revocation. Each arises from a DWI prosecution in which the defendant moved to dismiss, claiming the prior implied consent revocation was “punishment” barring further punishment. In the Hanson ease (Cl-95-531), the trial court denied the motion but certified the question to this court. In the Burns ease (C5-95-564), the trial court granted the motion to dismiss. Although the court certified the question, the state has chosen to appeal.…