Q&As: Alcohol — administrative license suspension

October 2009

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-one states and the District of Columbia have ALS laws.

1 How do ALS laws work?

ALS laws 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 also serves as a temporary permit to drive. Depending on the state, this permit may be valid for 7 to 90 days, during which time the suspension may be challenged. If there is no challenge or if the suspension is upheld, the license is suspended for a prescribed period of time. Suspensions vary among jurisdictions from 2 days to a year for first offenders, but most commonly are 90 days. Longer suspensions are specified for repeat offenders and those who refuse testing. It is important to note that ALS laws do not replace criminal prosecution, they are 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, well-designed studies have found reductions in crashes and recidivism among offenders who receive ALS or judicial suspension compared with offenders whose licenses are not suspended. The reductions in violations and crashes associated with license suspension continue well beyond the suspension period.1,2,3

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.

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.4 A NHTSA study reported that among 17 states implementing ALS either alone or in combination with other laws, the median effect was a 6 percent decrease in fatal crashes likely to be alcohol related.5 A recent long-term study (1976-2002) of the effects of pre-conviction license suspension in 38 states found a 5 percent reduction among drivers with positive blood alcohol concentrations (BACs) involved in fatal crashes.6

5 What's the advantage of ALS?

ALS laws, which apply to both first and repeat offenders, remove impaired drivers from the road quickly and essentially 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 as few offenders are arrested.

The success of laws against alcohol-impaired driving depends largely on deterrence, or keeping potential offenders off the roads in the first place. A 2007 roadside survey reported that 2.2 percent of drivers on US roads on weekend nights had BACs at or above 0.08 percent.7 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 with regard to the length of time a temporary license is valid, the period within which a hearing must be held, and the length of suspension. In some states, the licensing action is stayed pending the hearing. Difficulties in conducting administrative hearings in some states have inhibited the use of ALS laws. These difficulties include case backlogs, scheduling conflicts that make it difficult for law enforcement officers to appear at hearings, and the use of technicalities to rescind the license suspension.8

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.9 A Mississippi study found that license suspension had "relatively little impact on employment stability among [driving under the influence] offenders as a group."10 A four-state study of the impact of ALS on the employment and income of first and repeat offenders found no major impact on jobs or income.11

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 US 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 does not 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.12

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, up from 77 percent in 1990.13

References

¹Peck, R.C.; Sadler, D.D.; and Perrine, M.W. 1985. The comparative effectiveness of alcohol rehabilitation and licensing control actions for drunk driving offenders: a review of the literature. Alcohol, Drugs and Driving; Abstracts and Reviews 1(4):15-39.

²Stewart, K.; Gruenewald, P.; and Roth, T. 1989. An evaluation of administrative per se laws. Washington, DC: National Institute of Justice, US Department of Justice.

³Voas, R.B.; Tippetts, A.S.; and Taylor, E. 2000. Effectiveness of the Ohio vehicle action and administrative license suspension laws. Washington, DC: National Highway Traffic Safety Administration.

⁴Zador, P.L.; Lund, A.K.; Fields, M.; and Weinberg, K. 1989. Fatal crash involvement and laws against alcohol-impaired driving. Journal of Public Health Policy 10:467-85.

⁵Klein, T.M. Changes in alcohol-involved fatal crashes associated with tougher state alcohol legislation. Report no. DOT HS-809-511. Washington, DC: National Highway Traffic Safety Administration.

⁶Wagenaar, A.C. and Maldonado-Molina, M.M. 2007. Effects of drivers' license suspension policies on alcohol-related crash involvement: long-term follow-up in forty-six states. Alcoholism: Clinical and Experimental Research 31:1399-1406.

⁷Compton, R. and Berning, A. 2009. Results of the 2007 National Roadside Survey of Alcohol and Drug Use by Drivers. DOT HS-811-175. Washington, DC: National Highway Traffic Safety Administration.

⁸Jones, R.K.; Lacey, J.H.; and Wiliszowski, C.H. 1998. Problems and solutions in DWI enforcement systems. Report no. DOT HS-808-660. Washington, DC: National Highway Traffic Safety Administration.

⁹Baker, 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.

¹⁰Wells-Parker, E. and Cosby, P.J. 1988. Behavioral and employment consequences of driver's license suspension for drinking and driving offenders. Journal of Safety Research 19:5-20.

¹¹Knoebel, K.Y. and Ross, H.L. 1997. Effects of administrative license revocation in employment. Accident Analysis and Prevention 29:595-612.

¹²Lacey, J.; Jones, R.; and Stewart, J. 1991. Cost-benefit analysis of administrative license suspensions. Report no. DOT HS-807-689. Washington, DC: National Highway Traffic Safety Administration.

¹³Insurance Research Council. 2001. Public attitude monitor 2001, issue 1. Malvern, PA.