Q&A:
ALCOHOL: Administrative License Suspension
as of March 2004
Hundreds of state laws targeting alcohol-impaired
driving were enacted during the early 1980s, and among those shown
to be the most effective are administrative license suspension
(ALS) laws. Forty-two states and the District of Columbia have
ALS laws.
1. How do ALS laws work?
Forty-one states and the District of Columbia have ALS laws. They
authorize police to confiscate the licenses of drivers who either
fail or refuse to take a chemical test for alcohol. Drivers are
given a notice of suspension, which in some states also serves
as a temporary permit. Depending on the state, this permit may
be valid for 7 to 90 days, during which time the suspension may
be appealed. If there is no appeal, or if the appeal is not upheld,
the license is suspended for a prescribed period of time. Suspensions
vary among jurisdictions from 2 days to a year for first-time
offenders but most commonly last 90 days. Longer suspensions are
specified for repeat violators. It is important to note that ALS
laws do not replace criminal prosecution, handled separately through
the courts.
2. How do ALS laws differ from
traditional license suspension? The administrative licensing
action is triggered by failing or refusing to take a chemical
test -- not by conviction -- so anyone arrested is immediately
subject to suspension. People whose licenses are suspended have
the right to a prompt administrative hearing to determine the
validity of the arrest and any alcohol testing.
3. Is license suspension an effective
sanction? Although many offenders continue to drive after
having their licenses suspended, this action has been shown by
many well-designed studies to reduce crashes and recidivism compared
with offenders whose licenses are not suspended. The reductions
in violations and crashes associated with license suspension continue
well beyond the suspension period.
Longer periods of license suspension may be expected
to have stronger effects, while those of short duration may have
very limited effects. The National Highway Traffic Safety Administration
(NHTSA) recommends that ALS laws impose at least a 90-day suspension
or a 30-day suspension followed by 60 days of restricted driving.
See the Institute's ratings
of state DUI/DWI laws.
4. How effective are ALS laws?
An Institute study found ALS laws reduce the number of drivers
involved in fatal crashes by about 9 percent during nighttime
hours when alcohol is very likely to be involved. NHTSA reports
that, among 17 states implementing ALS either alone or in combination
with other laws, the median effect is a 6 percent decrease in
crashes likely to be alcohol-related.
5. What's the advantage of ALS?
ALS laws, which apply to both first-time and multiple offenders,
remove impaired drivers from the road quickly and virtually ensure
that penalties will be applied. ALS laws allow a greater number
of cases to be moved swiftly through the legal system and result
in far more suspensions than do laws that require a criminal conviction.
They reduce the incentive for offenders to delay their criminal
cases to avoid suspension. They also reduce the likelihood of
future alcohol-related violations and crashes. Despite success
in all of these areas, ALS laws still affect only a very small
fraction of offenders on the roads.
The success of laws against alcohol-impaired driving
depends largely on deterrence, or keeping potential offenders
off the roads in the first place. A 1996 study showed that about
3 out of every 100 drivers on U.S. roads on weekend nights had
blood alcohol concentrations of 0.10 percent or greater.1
With so many offenders, it is not possible to apprehend more than
a relatively small proportion. A well-publicized and enforced
ALS law increases public perception that punishment for alcohol-impaired
driving is likely to occur and will be swiftly applied and appropriately
severe -- a perception that is necessary to deter potential offenders.
6. Are all ALS laws the same?
No. State laws vary in terms of blood alcohol concentration
thresholds, length of time a temporary license is valid, period
within which a hearing must be held, and length of suspension.
In some states, the licensing action is stayed pending the hearing,
but NHTSA reports that "in states where a delay can be gained
through the hearing request, defendants will quickly overload
the state's capacity to conduct them."2
Some states allow hardship licenses so that offenders
may drive to work. But studies have shown that suspended drivers
rarely lose their jobs. The Institute surveyed drivers in three
communities where the automobile is the primary means of transportation.
When asked, 8 out of 10 respondents said they would still be able
to get to work even if they could not drive.3
NHTSA says a Delaware study indicated that jobs were lost by 1.5
percent of offenders, many of whom were already at risk for job
termination. A Mississippi study found that license suspension
had "relatively little impact on employment stability among
[driving under the influence] offenders as a group."4
7. Are ALS laws constitutional?
Yes. Courts have held that although licenses are taken prior
to a hearing, due process is provided because ALS laws allow for
prompt post-suspension hearings. Defendants have claimed that
the double jeopardy clause of the U.S. Constitution prohibits
the state from prosecuting an offender whose license has been
suspended under ALS. But high courts in several states have found
that a criminal prosecution following ALS doesn't violate the
double jeopardy clause.
8. Are ALS laws costly to implement?
No. They can pay for themselves. In most states, drivers who have
their licenses suspended must pay a reinstatement fee to receive
a new license at the end of the suspension period. These fees,
which are paid by offenders and not taxpayers, can cover or exceed
the cost of the program. A NHTSA study of three state programs
found not only that direct revenues exceeded expenses but also
that state costs associated with nighttime crashes declined dramatically.
States gained additional funds by qualifying for federal safety
incentive grants that encourage adoption of ALS laws.5
9. Does the public support ALS?
Yes. A 2001 Insurance Research Council survey of public attitudes
on auto safety issues found that 89 percent of respondents support
ALS. This is a 10 percent increase since 1992.6
References
1Voas, R.B.; Wells,
J.K.; Lestina, D.; Williams, A.F.; and Greene, M. 1998. Drinking
and driving in the United States: the 1996 national roadside survey.
Accident Analysis and Prevention 30(2): 267-275.
2Latchaw, J. 1986.
Overcoming problems and costs of administrative hearings (DOT
HS-806-921). Washington, DC: Department of Transportation.
3Baker, S.P. and
Robertson, L.S. 1975. How drivers prevented from driving would
reach work: implications for penalties. Accident Analysis and
Prevention 7: 45-48.
4Wells-Parker, E.
and Cosby, P.J. 1987. Impact of driver's license suspension on
employment stability of drunken drivers. Mississippi State, MS:
Mississippi State University.
5Lacey, J.; Jones,
R.; and Stewart, J. 1991. Cost-benefit analysis of administrative
license suspensions (DOT HS-807-689). Washington, DC: Department
of Transportation.
6Insurance Research
Council. 2001. Drinking and driving. Public Attitude Monitor,
Issue 1.
