However, under administrative license suspension (ALS) laws, sometimes called administrative license revocation or administrative per se,[1] licenses are confiscated and automatically suspended independent of criminal proceedings whenever a driver either (1) refuses to submit to chemical testing (blood, breath or, in some states, urine), or (2) submits to testing with results indicating a blood alcohol content of 0.08% or higher.
However, civil liberties advocates and other critics object to a procedure in which guilt is presumed and punishment is automatically imposed by the officer; they further point out that state and federal courts have held the driving privilege, once given, to be a vested right that cannot be taken away without due process.
The administrative license suspension process usually begins when a law enforcement officer determines that there is reasonable suspicion for an initial traffic stop of a motorist.
A law enforcement officer must have reasonable suspicion to conduct a traffic stop, however, a full custodial arrest is not required.
The driver has fifteen days from the date of the notice of suspension is served to request a hearing.
Notable developments observed in Texas with the introduction of digital reporting systems and automated data exchanges between departments has facilitated a more streamlined enforcement process.
These systems allow for faster updates and reduced errors in the management of license statuses minimizing administrative delays.
In some, the hearing will be presided over by an Administrative Law Judge (ALJ), the state's case will be presented by a prosecutor, and the officer will be required to testify.