Early License Revocation for Driving While Under the Influence: Model Revocation on Administrative Determination (ROAD) Law

NHTSA · 1982 · ROSA P / United States. Department of Transportation. National Highway Traffic Safety Administration

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Summary

This 1982 report from the National Highway Traffic Safety Administration (NHTSA) addresses the inefficiencies of existing state laws regarding license revocation for driving while under the influence (DWI). The primary problem identified is that most states base license suspension on criminal convictions, which are often delayed by court backlogs, plea bargaining, or pre-trial diversion programs. These delays allow impaired drivers to remain on the roads and weaken the deterrent effect of license loss. To resolve this, the NHTSA developed the Model Revocation on Administrative Determination (ROAD) Law, designed to enable the immediate administrative withdrawal of driving privileges prior to any criminal adjudication. The methodology involved analyzing existing "administrative per se" laws and pre-conviction withdrawal statutes in states such as Minnesota, Iowa, Oklahoma, Delaware, and West Virginia. The report synthesizes these findings into a comprehensive model statute, providing the full legal text alongside detailed comments and implementation guidelines. The ROAD Law mandates that the Department of Motor Vehicles revoke a license upon a determination that a person drove with an alcohol concentration of 0.10 or more, or was under the influence of alcohol, drugs, or a combination thereof. This administrative determination is independent of criminal proceedings; thus, an acquittal in criminal court does not affect the revocation. Key provisions of the model law include specific procedural mechanisms for enforcement and due process. Law enforcement officers must submit verified reports of arrests to the department. If chemical test results showing an alcohol concentration of 0.10 or more are available while the suspect is in custody, the officer serves the notice of revocation personally and confiscates the driver’s license, issuing a temporary permit valid for seven days. If personal service is not possible, notice is mailed. The revocation period is set at three months for first-time offenders with no prior alcohol or drug-related contacts in five years, and one year for those with prior contacts. The law includes strict timelines for requesting a hearing (within seven days of notice) and specifies that the hearing’s sole issue is whether the person drove under the prohibited circumstances. Judicial review is permitted but does not automatically stay the revocation. The significance of the ROAD Law lies in its ability to provide a rapid and certain method for removing impaired drivers from highways, thereby enhancing public safety and deterrence. By decoupling license revocation from the criminal justice timeline, the model ensures that the consequence of driving under the influence is immediate. The report emphasizes that this administrative approach allows states to act decisively against dangerous driving conduct without relying on the variable speed and outcomes of criminal courts. The document serves as a legislative template for states seeking to implement effective, pre-conviction license withdrawal programs.

Key finding

The Model Revocation on Administrative Determination (ROAD) Law mandates immediate license revocation based on administrative findings of impairment or high alcohol concentration, bypassing the need for a criminal conviction to remove dangerous drivers from the road.

Methodology

theoretical

Provenance

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Topics

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• licensing policy