Administrative License Revocation NHTSA by liaoqinmei


									Traffic Safety Facts
Volume 2                                            Number 1                                           March 2004

Administrative License Revocation

The National Highway Traffic Safety    revoking driver’s licenses for those      DE, FL, GA, HI, ID, IL, IN, IA, KS,
Administration (NHTSA) encourages      driving while under the influence of      LA, ME, MD, MA, MN, MS, MO,
States to require prompt, mandatory    alcohol or other drugs has proven         NE, NV, NH, NM, NC, ND, OH,
revocation or suspension of driver’s   to be a successful deterrent, if          OK, OR, SC, TX, UT, VT, VA, WA,
licenses for alcohol and/or other      implemented by the state.                 WV, WI, and WY.)
drug test failure and/or refusal.                                              ■ Administrative license revocation
Unintentional injury is the number     Administrative license revocation
                                       (ALR) laws are based on objective         is constitutional and does not
one cause of death for persons                                                   constitute double jeopardy.
1 through 34 years in the United       chemical tests (usually breath, some-
                                       times blood or urine) and are simi-       All cases in which the highest
States with motor vehicle crashes                                                State appellate courts have
constituting a major portion of        lar to “illegal per se” criminal laws
                                       against impaired driving. ALR allows      considered this issue have held
those accidents. Forty-one percent                                               that a separate criminal trial
of these fatalities involve alcohol    law enforcement and driver licens-
                                       ing authorities to revoke or suspend      for an impaired driving offense
and/or other drugs. Suspending or                                                following an ALR action does
                                       a driver’s license swiftly, without
                                       long delays, while awaiting a crimi-      not constitute double jeopardy
                                       nal trial. The offender retains the       under either Federal or State
                                       right of due process through an ad-       constitutional law.
 Inside This Issue                     ministrative appeal system. ALR is      ■ The U.S. Supreme Court has
 ■ Key Facts                           similar to the “implied consent” laws     found that the right of due
 ■ What Provisions Should              that automatically suspend a driver’s     process is not violated if a
   Be Included in an                   license of drivers who refuse to          driver’s license is suspended
   Administrative License              submit to a BAC test whereas ALR          prior to an administrative hearing,
   Revocation Law?                     automatically suspends or revokes         as long as provisions are made
                                       the license for failing a BAC test.       for a swift post-suspension
 ■ How Much Does an
                                                                                 hearing. [Mackey v. Montrym,
   Administrative License              Key Facts                                 443 U.S. 1 (1979)].
   Revocation Program Cost?
                                       ■ In 2002, 41 percent of the 42,815     ■ A research study found that ALR
 ■ How Can Administrative
                                         motor vehicle crash deaths              laws reduced fatal crashes by
   License Revocation Be
                                         nationwide were alcohol-related.        approximately 9 percent during
                                         This percentage equates to              high-risk (late night) periods of
 ■ Who Supports                          17,419 alcohol-related deaths in        alcohol involvement.
   Administrative License                that year.
   Revocation?                                                                 ■ According to other research,
                                       ■ As of December 2003, 41 States          Illinois, New Mexico, Maine,
 ■ Incentive Grant Program
                                         and the District of Columbia            North Carolina, Colorado, and
 ■ Research Studies                      had adopted some form of                Utah have seen significant
 ■ Information Sources                   administrative license revocation.      reductions in alcohol-related fatal
                                         (AL, AK, AZ, AR, CA, CO, CT,            crashes after enacting ALR laws.
■ For laws to be effective, publicity    ■ The initial license revocation (sus-   How Much Does An
  is an important factor because           pension) period for test failure       Administrative License
  drivers must know and under-             should be at least 90 days with        Revocation Program Cost?
  stand the consequences of their          full revocation for at least 30 days
  actions. One research study              and restricted driving during any      ■ A 1991 study analyzed the costs
  conducted in Nevada found a              remainder. Restricted driving            and benefits associated with ad-
  12 percent reduction in alcohol-         privileges should be permitted           ministrative license revocation
  related crashes following imple-         only in very limited circumstances,      laws in Illinois, Mississippi, and
  mentation of a publicity campaign        and only after an initial “hard”         Nevada. The study revealed that
  designed to inform the public            revocation (suspension) period           start-up and operating costs were
  about the ALR procedure.                 has been served. The initial             adequately covered with the
                                           license revocation (suspension)          assessment of license reinstate-
■ ALR does not have a major                                                         ment fees. In addition, the annual
  impact on an offender’s job or           period for a test refusal
                                           should be a full 90 days, with           savings in costs for night-time
  income. A 1996 study compared                                                     crashes that were reduced as a
  three ALR States with one State          no restricted driving privileges.
                                           For a repeat DWI offense with-           result of ALR laws ranged from
  that used other sanctions for im-                                                 $37 million in Nevada to $104
  paired driving; there was no differ-     in five years, the revocation
                                           (suspension) period should be            million in Mississippi.
  ence between ALR and non-ALR
                                           for one year, with no restricted
  States in offender employment                                                   How Can Administrative
                                           driving privileges. In addition,
  or income. In both ALR and
                                           licensing actions should take
                                                                                  License Revocation Be
  non-ALR States, 94 percent of
                                           effect within 30 days of notice.
  the offenders who were working
  at the time of their arrest were       ■ The administrative sanction            The offenders, rather than
  still working one month later; 4         should be handled separately           taxpayers, should pay for these
  percent were unemployed; and             from the criminal proceeding.          programs. Some States have
  the remaining 2 percent were in          Due to differing procedural            significantly increased the
  school. License revocations as           aspects, the findings and              reinstatement fee for drivers whose
  long as 90 days did not lead to          outcome of an ALR action should        licenses are revoked for driving
  a loss of job or income.                 not normally affect a criminal         while intoxicated (DWI); some States
                                           proceeding, and vice versa.            have raised all reinstatement fees;
                                                                                  and other States have increased
What Provisions Should Be                ■	 Although the benefits of an ALR       all license application and renewal
Included in An Administrative               law are numerous, some jurisdic-      fees. Other fines, fees, or taxes
License Revocation Law?                     tions do experience problems in       also can provide funding, such as
                                            implementation that can affect        an alcoholic beverage tax that can
■ The language of these laws                the usefulness of the law. With
  should be consistent with                                                       be earmarked for alcohol program
                                            implementation problems, States       expenses, including ALR.
  the provisions of the State’s             should look for ways to improve
  administrative procedures acts.           applications of ALR procedures.       Who Supports Administrative
■ The arresting officer should,             A recent study examined Utah’s        License Revocation?
  at the time of arrest, serve the          new law allowing telephonic
                                                                                  The following organizations have
  notice of revocation (suspension),        testimony at ALR hearings. After
                                                                                  publicly expressed support for this
  take the offender’s license, and          the availability of telephonic
                                                                                  type of law:
  issue a temporary permit.                 hearings, there was a statistically
                                            significant 20 percent reduction      ■	 Advocates for Highway and Auto
■ The driver should have the                                                         Safety
                                            in cases where the driver’s
  opportunity for an administrative                                               ■	 Allstate Insurance
                                            license was returned to the
  hearing.                                                                        ■	 American Alliance for Rights and
                                            offender due to the absence of
■ The hearing request should                the arresting officer, as a per-         Responsibilities
  not be allowed to delay the               centage of all cases where the        ■	 American Association of Motor
  revocation (suspension).                  license was returned.                    Vehicle Administrators
■	 American Automobile                Incentive Grant Program                 Effects of Administrative License
   Association (AAA)                                                          Revocation on Employment.
                                      On May 22, 1998, Congress passed        Kathleen Knoebel and H. Lawrence
■	 American Automobile
                                      H.R. 2400, the Transportation           Ross, Ketron, DOT HS 808 462,
   Manufacturers Association
                                      Equity Act for the 21st Century         May 1996.
■	 American Insurance Association
                                      (TEA-21). TEA-21 made substantial
■	 Automotive Coalition for Traffic                                           Cost-Benefit Analysis of
                                      changes to the then existing
   Safety                                                                     Administrative License Suspension.
                                      Section 410 alcohol incentive grant
■	 Center for Substance Abuse         program. Pursuant to the Section        John Lacey, et al., Mid-America
   Prevention                         410 program, as amended by              Research, NHTSA DOT HS 807
■	 The Century Council                TEA-21, States may qualify for a        689, January 1991.
■	 Federal Highway Administration     “Programmatic Basic Grant” if they
■	 GEICO                                                                      An Assessment of the Effects of
                                      demonstrate that they meet five
■	 Governors Highway Safety                                                   Publicizing Administrative License
                                      out of seven basic grant criteria to
   Association                                                                Revocation for DWI in Nevada. John
                                      combat impaired driving, including
                                                                              Lacey, et al., University of North
■	 General Federation of Women’s      a streamlined administrative license
                                                                              Carolina Highway Safety Research
   Clubs                              revocation system.
                                                                              Center, NHTSA DOT HS 807 600,
■	 Highway Users Federation for
                                      To meet this criterion of the Section   March 1990.
   Safety and Mobility
                                      410 grant program, a State must
■	 Insurance Information Institute                                            Fatal Crash Involvement and Laws
                                      have an administrative license
■	 Insurance Institute for Highway                                            Against Alcohol-Impaired Driving.
                                      revocation system requiring that
   Safety                                                                     Paul L. Zador, et al., Insurance
                                      first offenders be subject to a 90-
■	 International Association of                                               Institute for Highway Safety,
                                      day license suspension; that first
   Chiefs of Police                                                           February 1989.
                                      offenders who fail a chemical test
■	 Kemper Insurance Group             be subject to a 30-day license          Changes in Alcohol-Involved Fatal
■	 Mothers Against Drunk Driving      suspension with an additional 60        Crashes Associated with Tougher
   (MADD)                             days of a restricted license; that      State Alcohol Legislation. Sigmastat,
■	 National Association of            repeat offenders be subject to a        Inc. NHTSA, July 1989.
   Independent Insurers               one-year suspension or revocation;
■	 National Association of State      and that suspensions or revocations     Impact of Driver’s License
   Alcohol and Drug Abuse             take effect within 30 days after        Suspension on Employment
   Directors                          the offender refuses to submit          Stability of Drunken Drivers.
■	 National Association of State      to a chemical test or receives          Elizabeth Wells-Parker and Pamela
   Emergency Medical Service          notice of having failed the test.       Cosby, Mississippi Alcohol Safety
   Directors                          The program also requires that          Education Program, Social Science
■	 National Commission Against        license suspension and revocation       Research Center, Mississippi State
   Drunk Driving                      periods be “hard” and not subject       University, June 1987.
■	 National Highway Traffic Safety    to exceptions. A State may              Information Sources
   Administration                     demonstrate compliance with this
■	 National Safety Council            criterion as either a “Law State” or    Study in Four States Shows that
■	 National Sheriffs’ Association     a “Data State” by submitting copies     ALR Has Little Effect on Violator’s
                                      of its administrative revocation laws   Employment or Income. NHTSA
■	 National Transportation Safety
                                      or data relating to the sanctions       Traffic Tech, October 1996.
■	 Nationwide Insurance               imposed under its program.              Double Jeopardy. ALR Information
■	 Operation Lifesaver                                                        Packet, published by the National
■	 Police Executive Research
                                      Research Studies                        Traffic Law Center, 99 Canal Center,
   Forum                                                                      Suite 510, Alexandria, VA 22314,
                                      Examining the Effectiveness of
■	 Remove Intoxicated Drivers (RID)                                           November 1996.
                                      Utah’s Law Allowing for Telephonic
■	 Students Against Destructive       Testimony at ALR Hearings. Connie       Police Costs Associated with
   Decisions (SADD)                   Wiliszoski, Ralph Jones, and John       Administrative License Revocation.
■	 U.S. Department of Justice         Lacey, NHTSA DOT HS 809 602,            NHTSA Traffic Tech, No. 59,
■	 USAA Insurance                     July 2003                               January 1994.
Potential Lives Saved If
Administrative License Revocation
Law Adopted - 1990. NHTSA Traffic
Tech, No. 24, March 1992.
Administrative License Revocation:
Resource Manual. NHTSA, DOT HS
807 873, July 1992.
Administrative Licensing
Revocation: Most Frequently Asked
Questions. NHTSA DOT HS 808
906, July 1999.
Administrative License Revocation:
Facts, Myths, and Fictions. Kathryn
Stewart, Office for Substance
Abuse Prevention, January 1991.
Sample State Administrative Driver
License Suspension Forms. DOT
HS 807 547, March 1990.
Administrative License Revocation
Costs and Benefits. NHTSA, Fact
Sheet, 2002.
Administrative License Revocation.
Video produced for NHTSA by
USAA, 12 minutes.

                                      These reports and
                                      additional information
                                      are available from your
                                      State Highway Safety
                                      Office, the NHTSA Regional
                                      Office serving your
                                      State, or from NHTSA
                                      Headquarters, Impaired
                                      Driving and Occupant
                                      Protection Office, ATTN:
                                      NTS-110, 400 Seventh
                                      Street, S.W., Washington,
                                      DC 20590; 202-366-9588;
                                      or NHTSA’s web site at

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