Being Tried Twice for the Same Crime


The Fifth Amendment offers you protection from double jeopardy when being tried for a DUI crime. Double jeopardy is a commonly used term for your right not to be tried twice for the same crime.

Of course, this right is balanced by the varying dictates of state specific laws and criminal procedure. A DUI attorney can help ensure that the right steps during your DUI trial are taken so that you won't have to go to drunk driving court twice because you are charged for a crime you only committed once.

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How Does Double Jeopardy Protect You?

There are a few reasons why the constitution protects your right against double jeopardy, including:

  • Prohibiting the government from convicting innocent people by using its unending resources to continue to charge them even though charges may be wrong;
  • Keeping the prosecution in check when charging people for crimes;
  • Making sure the court cannot sentence people to increasing penalties not already prohibited by the law;
  • Protecting people from continuous prosecutions for a crime and the consequences they will endure, including financial, emotional and social consequences; and
  • Ensuring that the integrity of the criminal process is upheld, despite the government's lack of satisfaction with the outcome of the trial.

Double Jeopardy Can Be Terminated

Like every law in our country, there are exceptions to the rule. For example, there are instances when jeopardy can be terminated: after you have been acquitted, after the case has been dismissed, after a mistrial or on appeal after a conviction.

When trying to figure out if you are being charged twice for the same crime, it is important to determine when jeopardy proceedings begins and ends. A DUI lawyer can help make sure that you are fairly being charged for a crime and that double jeopardy is not occurring.

Get in Touch with a DUI Attorney Today

If you are going to trial over your DUI charge, it is important to have a DUI lawyer on your side. He or she can ensure your rights are protected and advise you on steps to take throughout the DUI trial process. With the help of Total DUI, you can find an attorney practicing in your area by filling out our free DUI case evaluation or calling 877-349-1311.

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