Posted on October 24, 2006 by Jamie Spencer

Austin Texas Faces Its Driving While License Suspended Problem

The Austin American Statesman ran an article today called “Unlicensed Drivers Clog System”. The short version of it is this: in 2003, the Texas Legislature needed to pull an accounting trick out of their hat, so that they could comply with the Texas Constitution’s balanced budget requirement. (See 2003 Budget Statement by Texas Comptroller.)

One of the ways they came up with a balanced budget was to impose future surcharges for DWI, No Insurance, and other offenses, and then project out how much revenue they would receive to cover their expenditures. Like most “blood from a turnip” schemes, they conveniently overestimated the financial returns they would receive (and they called it a “surcharge”, because who wants to vote for a “tax”?) The truth is that most folks that drive without insurance, do so because of poor financial health to start off with; adding extra financial burdens to their becoming street legal just increases your uninsured motorist coverage.

Unfortunately, the “pay us even more money, or we’ll suspend your license” law didn’t have the intended effect. It doesn’t raise that much money for the State of Texas (except in the case of those Austinites who can afford the $3000 to $6000 surcharge following a DWI conviction), but it does cause more folks to be driving around town with a suspended license.

Then throw into the mix this basic fact of life: people who are driving around with expired insurance often haven’t updated their address with Texas DPS in years. Then, when DPS mails them a letter about the suspension to the address on their license, they don’t receive it.

What happens next? A bunch of folks end up arrested and facing charges of DWLS, when they have a defense: they didn’t have actual notice that their licenses were suspended.

Now it may be true that some of these defendant’s haven’t behaved 100% responsibly, and need to be “encouraged” to become street legal, and to update their addresses with the DPS. But forcing them to pay even more money before they are allowed a valid license… that’s just counterproductive.

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Posted on October 7, 2006 by Jamie Spencer

DWI License Suspension Periods Heading Up

Grant Griffiths’ post about pending legislation upping the Driver’s License Suspensions in Kansas for DUI got me thinking:

Under the proposal, a first-time DUI offender would receive twice the standard license suspension if his BAC was .16 or greater. Three offenses at the higher level would result in permanent revocation of driving privileges.

Here in the capital of Austin, Texas (where we call it DWI), the legislature meets every two years, and this subject come up every session. Increasing the DL suspensions for DWI convictions is a popular political maneuver, for legislators that want to be known as “tough on crime”.

Unfortunately, it’s one of those things that probably increases rather than decreases “crime”. Driving has become a necessary part of life these days. And most of my DWI clients are, by far, first time offenders. Considering all the counseling, fines and community service a first time DWI offender receives, why subject them to arrest for Driving While License Suspended?

Grant also mentions that these license suspensions apply in Kansas, even if the defendant is never convicted of the offense. The same is true in Texas.

License revocations should be limited to repeat DWI offenders.  And “DWI offender” should mean those actually convicted of the offense.

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