Reinstating Suspended Licenses

When people think of a license being suspended for drugs, they naturally, would usually think that a person was caught driving while high. However, that may not be the case. Some states are holding onto laws from the late 1980s and early 1990s, also known as the war-on-drugs era. These laws say that some drug offenses automatically mean a suspension of driving privileges.

Twelve states and the District of Columbia currently have these laws on the books, a relic from the Reagan and Bush years of “Just Say No.” During this time, the federal government threatened to reduce highway funding to states who did not suspend the licenses of those convicted of certain drug offenses. While many states have since repealed these laws, Alabama, Arkansas, Florida, Iowa, Michigan, Mississippi, New Jersey, New York, Pennsylvania, Texas, Utah, Virginia still keep these laws on the books. Together, these states suspend 191,000 driver’s licenses for non-driving drug offenses annually.

This kind of policy, undoubtedly, affects the poor the most. Those who cannot afford the reinstatement fees and the increases in insurance premiums that undoubtedly come with a suspension of license. Not to mention that many who find their licenses suspended also end up losing their jobs. These policies also disproportionately affect people of color. 76% of people convicted of drug crimes are black or Latino. Notably, 44% of black Americans live in a state or jurisdiction where license suspensions for drug offenses are the norm.

“License suspension is something that you can fight, in both a DUI case and a drug offense case unrelated to driving. You should consult with an experienced defense attorney,” says Randall Isenberg, a Dallas DWI lawyer.

Not all states have completely gotten rid of the legislation. In Ohio, it is up to a judge’s discretion if a person’s license is suspended for a drug charge. Maine has opted out of the law, but a new law being proposed could suspend the licenses of those convicted of drug trafficking.

It is not just the disproportionate minorities being affected. These policies are a huge waste of taxpayer and offender funding. Florida estimated that they spend $72,000 a year alone on the paper, envelopes, and stamp costs communicating with those whose licenses are suspended. Georgia estimated that it saved $80,000 a year in postage costs alone when it opted out of the laws.

Mike Autry is one of the people being affected by these automatic suspension laws. On March 9th, 2017, he was shopping in York, Pennsylvania with his girlfriend when an officer recognized him and arrested him for outstanding warrants.

Behind his ear was the remnants of a blunt that Autry had been smoking earlier in the day. He was nowhere near a car when the arrest took place, but when he pleaded guilty to possessing a small amount of marijuana, his license was suspended for a year. Between 2011 and 2016, Pennsylvania suspended 149,000 licenses for drug convictions not related to traffic offenses.

However, there is hope that Pennsylvania will soon end the practice, removing itself from the list of states still suspending licenses. A bill to end license suspensions for offenses unrelated to driving just passed the House 192-3.