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STATE v. BARTH

Criminal No. 950301.

545 N.W.2d 162 (1996)

STATE of North Dakota, Plaintiff and Appellee, v. Dale William BARTH, Defendant and Appellant.

Supreme Court of North Dakota.

March 15, 1996.

Attorney(s) appearing for the Case

Allen M. Koppy, State's Attorney, Mandan, for plaintiff and appellee. Submitted on brief.

Ralph A. Vinje, Bismarck, for defendant and appellant. Submitted on brief.

MESCHKE, Justice.

Dale W. Barth appeals from a jury conviction of driving with a blood-alcohol concentration of 0.10% or greater. We again conclude that a lengthy administrative suspension of a driver's license for repeated drunk driving is remedial, and not punishment that would bar later criminal prosecution. We affirm.

Barth was arrested on April 1, 1994, for violating NDCC 39-08-01 by driving under the influence of alcohol. Two weeks later, the North Dakota...

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