DWIAdministrative License Revocation/Suspension
Administrative License Revocation
(ALR) or Administrative License
Suspension (ALS) refers to state legislation requiring the
removal of drivers license for an individual suspected of Driving While Intoxicated (DWI) or
Driving Under the Influence
(DUI) at the time of
arrest upon failure or refusal of a chemical test. All states
except Kentucky, Montana, New Jersey, New York, Pennsylvania, Rhode
Island, South Dakota, and Tennessee have Administrative License Revocation
(ALR) or Administrative License
Suspension (ALS) laws in place. It is important to know that
ALR \ ALS laws are immediate in nature;
meaning that the drivers license is confiscated at the time of the
arrest.
The National Highway Transportation Safety Administration (NHTSA) recommends several provisions that state legislation should include in an Administrative License Revocation Law. These recommendations include:
The National Highway Transportation Safety Administration (NHTSA) recommends several provisions that state legislation should include in an Administrative License Revocation Law. These recommendations include:
- The language of these laws should be consistent with the provisions of the State’s administrative procedures acts.
- The arresting officer should, at the time of arrest, serve the notice of revocation (suspension), take the offender’s license, and issue a temporary permit.
- The driver should have the opportunity for an administrative hearing.
- The hearing request should not be allowed to delay the revocation (suspension).
- The initial license revocation (sus-pension) period for test failure should be at least 90 days with full revocation for at least 30 days and restricted driving during any remainder. Restricted driving privileges should be permitted only in very limited circumstances, and only after an initial “hard” revocation (suspension) period has been served. The initial license revocation (suspension) period for a test refusal should be a full 90 days, with no restricted driving privileges. For a repeat DWI offense with-in five years, the revocation (suspension) period should be for one year, with no restricted driving privileges. In addition, licensing actions should take effect within 30 days of notice.
- The administrative sanction should be handled separately from the criminal proceeding. Due to differing procedural aspects, the findings and outcome of an ALR action should not normally affect a criminal proceeding, and vice versa.
