September 12, 2023–Due Process Institute endorses the Driving for Opportunity Act of 2023, as and recognize the urgency of addressing debt-based driver’s license suspension. Suspensions and restrictions of driver’s licenses for unpaid court fines and fees fail to improve public safety and restrict economic opportunity for millions of Americans. The Driving for Opportunity Act of 2023, a bipartisan bill sponsored by U.S. Senators Chris Coons and Roger Wicker, recognizes the unintended harms of this counterproductive practice and supports communities transitioning away from this strategy.
One in three American families are impacted by fines and fees that are imposed as a result of a criminal or traffic offense. Unpaid fines and fees can lead to a driver’s license suspension or other restrictions on driving. Driving a vehicle is essential for finding and keeping a good job, pursuing education, accessing child care, and obtaining other foundations for a stable and productive life. As Americans struggle to make ends meet, debt-based license suspensions are making it significantly more difficult for families to achieve critical financial stability.
Millions of Americans have a suspended or revoked driver’s license solely because of unpaid court debt rather than unsafe driving. Such “debt-based suspension” is a means through which governments try to compel payment. This system is inherently faulty: someone who cannot drive will likely have a difficult time securing access to work, especially in rural and low-income communities where public transportation is limited, making debt repayment even more difficult or impossible.
Suspensions and revocations of driver’s licenses for non-driving related conduct may harm public safety. Law enforcement officers, prosecutors, and judges lose countless hours enforcing these laws at the expense of responding to more pressing issues in their communities on and off the road. In addition, having a suspended license exposes drivers to additional fines, arrest, incarceration, or other entanglements with the criminal legal system. Half the states, ranging from Texas to New York, have amended their own policies to eliminate or restrict driver’s license suspensions for unpaid court debt.
The Driving for Opportunity Act of 2023 authorizes federal funding to support states that are choosing to end debt-based driver’s license suspensions. Under this legislation, state governments would receive limited federal assistance to manage some of the costs associated with eliminating debt-based suspensions and reinstating licenses. Passage of the Driving for Opportunity Act presents an opportunity for Congress to lift up a data-backed, widely supported policy reform and provide modest support for state governments that are embracing this common sense measure.