Previously, we mentioned that there are both criminal and administrative penalties for DUI charges. Because license suspension is an administrative penalty, it proceeds separately from the criminal case. That means that an individual could still have his or her license suspended even if there is insufficient evidence for prosecutors to secure a criminal conviction.
When the average individual is arrested for drunken driving, they are usually too caught off guard to clearly remember their legal rights or to understand the implications of the decisions they make on subsequent criminal proceedings. Usually, it isn't until after an investigation has occurred, criminal citations have been made, and the individual speaks with an attorney, that they begin to understand the potential penalties they face if they are convicted.