(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
"Its an administrative action, separate from an arrest."
Legalistic dodge, akin to the traffic cameras issuing a citation, instead of a ticket. The result of this so-called "administrative action" are inseparable from criminal prosecution, however. And so, it remains unconstitutional. No matter how cleverly the verbage may read.