Through a bill introduced earlier this month, Gov. Paul LePage proposed to require a six-month suspension of driver’s licenses for drug convictions. These penalties are touted as a tool to ease Maine’s drug crisis but they will end up hurting the poor and will do little to help those struggling with substance abuse disorder.
Under federal law, the Department of Transportation can withhold up to 10 percent of some highway funds if a state does not suspend driver’s licenses for at least six months for those convicted of some drug crimes. The law, however, allows states to opt out of this requirement. Thirty-four states, including Maine, have done so. In testimony to the Criminal Justice and Public Safety Committee last Tuesday, LePage said he would not request another waiver, putting Maine at risk of losing $13 million in federal transportation funding. To avoid this, lawmakers should amend LD 1647 and use it as the Legislature’s request for Maine to continue to opt out of the federal law.
Maine already suspends licenses for several reasons not related to driving, including failure to pay child support, failure to pay fines or appear in court, and illegal dumping. Despite this, Secretary of State Matt Dunlap, who oversees the Bureau of Motor Vehicles, says license suspensions should be reserved for driving-related offenses.
“Overwhelmingly, in Maine, we drive to where we need to be,” he testified last Tuesday. He reminded the committee that he often gets calls from lawmakers asking him to overturn a license suspension because an offender has turned his life around, needs to take her mother to the doctor or must drive to get to and from work.
The American Association of Motor Vehicle Administrators recommends against suspending driver’s licenses for non-driving related offenses. There is no evidence that such penalties work, and they hurt rural and low-income residents, the group concluded in a 2013 report.
“A valid driver license can be a means to survive. Local communities, employers and employees all experience negative consequences as a result of social non-conformity suspensions, including unemployment, lower wages, fewer employment opportunities and hiring choices, and increased insurance costs,” the association said.
A 2007 study in New Jersey found that the suspension rate was more than four times higher for drivers residing in extremely low-income ZIP codes when compared to the rate statewide.
That’s why states, including South Carolina and Colorado, have recently joined the majority that have opted out of the federal law. Massachusetts, which did comply with the 1989 law, is poised to opt out. Lawmakers there have agreed on legislation to do so, and Republican Gov. Charlie Baker said he will sign the measure.
In a letter to lawmakers, the Massachusetts District Attorneys Association wrote that license suspensions and reinstatement fees “add to the difficulty people face when trying to reintegrate into society,” the Boston Globe reported.
Maine should not be the only state moving in the opposite direction by adding a new burden on those struggling with addiction.
Members of the Criminal Justice Committee voted 7-6 to oppose the measure. The full Legislature should follow their lead. Maine has a real drug crisis, but this legislation and the governor’s refusal to file the documents to continue Maine’s waiver will do little to stop substance abuse and overdose deaths.
