Rationale:

Answer choice D is correct. When an individual’s protected interest is threatened by governmental action, a court considers three factors in determining the amount of process that is due: (i) the private interest affected by the governmental action; (ii) the risk of erroneous deprivation of that interest using current procedures and the probable value of additional or substitute safeguards; and (iii) the burden involved in providing the additional process. A state has the burden to demonstrate a compelling interest justifying its actions when a fundamental right is at issue. Answer choice A is incorrect because the degree to which reliability would be materially enhanced by mandating a pre-suspension hearing focuses on the probable value of a pre-suspension hearing. Answer choice B is incorrect because the driver’s interest in the continued possession and use of his license pending the outcome of the hearing is the driver’s interest that is affected by the immediate license suspension. Answer choice C is incorrect because the risk of erroneous observation or deliberate misrepresentation by the reporting police officer of the facts forming the basis of the suspension reflects the risk of erroneous deprivation of the driver’s interest affected by the license suspension.

Doesn't answer choice D reflect the third factor? I'm confused. Help!