NCJ Number
161343
Journal
Alcohol, Drugs and Driving Volume: 7 Issue: 1 Dated: (January-March 1991) Pages: 55-62
Date Published
1991
Length
8 pages
Annotation
This paper explains the elements of administrative license suspension laws as a countermeasure for driving under the influence of alcohol (DUI), and examines their effectiveness in reducing DUI offenses.
Abstract
Historically, in the United States, license-suspension actions have been applied after conviction in the courts under criminal procedures. Generally, license actions imposed after conviction occur several months after arrest for drunk driving. Administrative license suspension laws (sometimes referred to as "administrative per se" laws) have been enacted in 28 States and the District of Columbia as of the beginning of 1990. Under such laws, the license suspension occurs upon failure of a chemical test, rather than as the result of a conviction for DUI. Anyone arrested as the result of an illegal blood alcohol concentration is immediately subject to license suspension or revocation. Usually, the arresting officer confiscates the drivers license and issues a notice of administrative license suspension or revocation, which serves as a temporary license. The driver has a period of time, usually from receipt of the notification of suspension, during which a hearing can be requested and the outcome of that hearing appealed. Some States require the hearing to be held within a set period; others do not. Laws differ as to whether the license action is stayed pending the hearing and subsequent appeal. Hearings are limited in scope. The arresting officer's report is evaluated to determine that there was probable cause to request a chemical test and that the result of the test exceeded the administrative blood alcohol concentration threshold. Administrative license suspension has many advantages over both discretionary and mandatory judicial suspension, so States should increase the application of this penalty and its positive effects. Progress toward keeping alcohol-impaired drivers off the road will be furthered to the extent that drivers believe the police will identify them when they drive drunk, that they will swiftly and surely lose their license, and that if they drive while unlicensed they will likely be detected and punished more severely. A table compares the features of each State's administrative license suspension laws. 10 references