Suspension of Driving Privileges Act Exposed

The Suspension of Driving Privileges Act is listed under ALEC's Public Safety and Elections Task Force and was included in the 1995 ALEC Sourcebook of American State Legislation. ALEC has attempted to distance itself from this piece of legislation after the launch of ALECexposed.org in 2011, but it has done nothing to get it repealed in the states where it previously pushed for it to be made into law.

CMD's Bill Summary

This bill is part of a bundle of 1995 ALEC model bills that propagate failed "War on Drugs" policies. This bill and others fail to recognize that increased punishment has not been shown to deter drug use and that drug abuse is an addiction that needs to be treated with rehabilitative interventions rather than more harsh punishment. How can people convicted of drug use, even limited use, turn their lives around without being able to drive to work? How does this contrast with ALEC's view on alcohol use, given the financial interests of some of ALEC's corporate underwriters?

ALEC Bill Text

Summary

This Act would require the mandatory suspension of the driver's licenses of all drug offenders for a minimum of six months and a maximum of two years. The courts would be required to notify the department of motor vehicles of all drug convictions.

Model Legislation

{Title, enacting clause, etc.}

Section 1. {Title.}

This Act shall be known and may be cited as the Suspension of Driving Privileges Act.

Section 2. {Suspension of license.}

(A) In addition to any disposition authorized by [cite state controlled substance act], or any other statute indicating the dispositions that can be ordered for an adjudication of delinquency, every person convicted of or adjudicated delinquent for a violation of any offense defined in [cite state controlled substance act] shall forthwith forfeit his or her right to operate a motor vehicle over the highways of this State for a period to be fixed by the court at not less than six months or more than two years.

(B) After the expiration of six months, the privilege shall be restored to him or her at the discretion of the director of the division of motor vehicles upon application to and after certification by a physician to the director that the person is not a drug dependent person within the meaning of this chapter.

Section 3. {Application to individuals under 17 years of age.}

In the case of any person who at the time of the imposition of sentence is less than 17 years of age, the period of the suspension of driving privileges authorized herein shall not commence until the defendant reaches the age of 17.

Section 4. {Reporting procedure.}

The court before whom any person is convicted of or adjudicated delinquent for a violation of any offense defined in [cite state controlled substance act] shall cause a report of the conviction or adjudication to be filed with the director of the division of motor vehicles.

Section 5. {Severability clause.}

Section 6. {Repealer clause.}

Section 7. {Effective date.}

ALEC's Sourcebook of American State Legislation 1995