Driving is a Privilege, Not a Right
It is common misconception that any person in the United States has a right to drive. There is no such right in the US Constitution. Driving a motor vehicle is a privilege, and that privilege can be taken away or modified based on certain conduct, including several issues surrounding drunk driving cases.
We all have a Constitutional right to life, liberty and the pursuit of happiness, but not to drive. Once a person accused of impaired driving understands this, it is much easier to understand why many of the procedural and constitutional safeguards do not apply in regards to driving a motor vehicle following a DWI or DUI arrest.
Despite the fact that driving is a privilege, it is one that can’t be removed with some form of due process. Most often, that process comes in the form of an administrative hearing in front of a DMV administrative law judge.
Your ability to drive may be directly tied to your ability to make a living. The laws and processes surrounding your privilege to drive in DUI cases are complex and contain many pitfalls. If you have been accussed of DUI, more is at stake than your driving privilege. Contact an experienced attorney in your state for more information.
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