I don't like the sound of something that is stated as an automatic penalty if you have not been found guilty of the crime. I think that if someone is under the influence, then make sure they have their day in court and then impose the penalties that you see fit.
If you are innocent, why should they be able to take your license until court? I can see why someone would need to be off the road,but its still not justified. The process is very unconstitutional, and should be changed by adding devices to peoples cars, just in case they continue.
They do violate due process in many ways, but in cases such as these, there has to be an exception. If someone is swerving all over the road, they can potentially kill or harm themselves and many others. It's something the cops have to force their hands on, because lives are at risk.
No, the automatic penalties associated with being stopped for driving under the influence do not violate due process, because the person always has a right to their day in court. Even if a person's driver's license is cut up, that person will eventually have a right to have a hearing.