LAC - Roadblocks

Recommendation: The federal highway law and any state laws that has adopted its provisions should be amended so that revocation or suspension is not automatically imposed on individuals convicted of a drug-related offense unrelated to the individual's ability to drive safely.

Best practices: In Illinois, the revocation or suspension of a driver's license is only triggered by being convicted of driving under the influence of alcohol and/or drugs or drug-related offenses while in physical control of a motor vehicle, 625 ILL. COMP. STAT. §§ 5/6-201(a)(7) and 5/6-205(a)(2).

Recommendation: If the federal law is not changed and states do revoke or suspend drivers' licenses automatically for non-driving-related drug offenses, the mandatory period of revocation or suspension should not be longer than six months from the time of conviction. That is the standard set by federal law and there is no reason to extend it automatically for everyone in this category. Decisions to revoke or suspend a driver's license for a longer duration should be made on the basis of the specific facts of a case.

Best practices: In Maryland, driving while impaired under the influence of alcohol and/or controlled substances triggers a revocation or suspension for a period of 60 to 120 days, depending on the crime and the person's criminal record, MD. CODE ANN. TRANS §16-204(a) and (b)(2).

Recommendation: Every state should make restrictive licenses available to those whose driver's licenses have been revoked or suspended because of drug convictions for the purposes of employment, education, and receipt of medical care.

Best practices: Limited driving privileges are available in Missouri for purposes of employment, education, medical care, attendance at alcohol or drug treatment programs, or for any other circumstance the court finds may create an undue hardship, MO. ANN. STAT. § 302.309.