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entitled 'License Suspensions For Nondriving Offenses: Practices in 
Four States That May Ease the Financial Impact on Low-Income 
Individuals' which was released on February 18, 2010. 

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Report to Congressional Requesters: 

United States Government Accountability Office: 
GAO: 

February 2010: 

License Suspensions For Nondriving Offenses: 

Practices in Four States That May Ease the Financial Impact on Low- 
Income Individuals: 

GAO-10-217: 

Contents: 

Letter: 

Appendix I: Briefing Slides: 

Appendix II: Comments from the Department of Health and Human Services: 

Appendix III: GAO Contact and Staff Acknowledgments: 

Abbreviations: 

AAMVA: American Association of Motor Vehicle Administrators: 

DOT: Department of Transportation: 

HHS: Department of Health and Human Services: 

[End of section] 

United States Government Accountability Office: 
Washington, DC 20548: 

February 18, 2010: 

The Honorable Pete Stark:
Chairman:
Subcommittee on Health:
Committee on Ways and Means:
House of Representatives: 

The Honorable Jim McDermott:
Chairman:
Subcommittee on Income Security and Family Support: 
Committee on Ways and Means:
House of Representatives: 

The Honorable Gwendolynne S. Moore: 
House of Representatives: 

States suspend driver's licenses for a variety of offenses that are 
not directly related to driving safety.[Footnote 1] For example, all 
states have procedures to suspend licenses for child support 
arrearages. In addition, a majority of states issue suspensions for 
such offenses as failure to pay court or motor vehicle fines or 
maintain proper insurance. While recognizing that license suspension 
can be an effective tool for encouraging compliance with various laws, 
some policymakers and advocacy groups have raised concerns that 
certain drivers may face suspension because of their limited ability 
to meet financial obligations. They have also raised concerns that 
suspensions make it difficult for some low-income individuals to 
maintain or find work, and may make it more challenging for them to 
pay fines or meet child support obligations. Additionally, they have 
raised concerns that suspensions for nondriving offenses[Footnote 2] 
may clog court systems and divert resources to activities that do not 
improve traffic safety. 

Although the federal government has a limited role with regard to 
driver's licenses, federal law promotes nondriving suspensions in two 
circumstances. First, as a condition of federal funding for their 
child support enforcement programs, states are required to provide for 
license suspensions for individuals delinquent in making child support 
payments.[Footnote 3] Second, 10 percent of certain federal highway 
funds are contingent upon a state (a) enacting and enforcing a law 
that suspends driver's licenses, in all cases, or except in compelling 
circumstances, for individuals convicted of drug offenses, or (b) its 
governor certifying that he or she is opposed to such a law and that 
the state legislature has adopted a resolution opposing it.[Footnote 
4] Thirty-two states have chosen the second option. 

While there has been interest in nondriving suspensions in recent 
years, little is known about the prevalence of and reasons for such 
suspensions or who is affected. With driver licensure generally a 
state responsibility, national-level data are not available and cannot 
be readily compiled. According to researchers and state officials we 
spoke with, while states collect data on license suspensions, they do 
not consistently categorize suspensions by the type of offense or 
classify them as being related to driving or nondriving offenses. Even 
when states categorize suspension data by type of offense, they differ 
in the ways they do so. Moreover, states do not generally collect 
suspension data for drivers by income level. A study of one state 
found that the vast majority of drivers were suspended for a variety 
of compliance reasons that were not directly related to driving 
behavior, such as not paying parking tickets or failing to maintain 
proper insurance. This suggests that, at least in one state, the 
number of nondriving suspensions may have been significant. 

In response to your request, we examined the following issues related 
to nondriving license suspensions: 

1. Practices in place that may ease the financial impact on low-income 
individuals. 

2. Any challenges involved in implementing these practices. 

To address these issues, we collected information from federal and 
state sources, as well as from researchers and program staff. We 
interviewed officials from the Office of Child Support Enforcement of 
the Department of Health and Human Services (HHS) and the Department 
of Transportation (DOT); they administer the federal laws that address 
driver's license suspensions for child support arrearages and drug 
convictions, respectively. 

We identified and reviewed literature on suspensions for nondriving 
offenses. We also asked state auditors, directors of state child 
support enforcement agencies, and administrators of state departments 
of motor vehicles in all 50 states and the District of Columbia to 
identify relevant studies. However, through these methods, we 
identified very few studies on the prevalence, impact, or 
effectiveness of nondriving suspensions or on the effectiveness of 
practices in easing the financial impact of these suspensions. We also 
identified and interviewed researchers and practitioners knowledgeable 
about practices that may ease the financial impact of suspensions on 
low-income individuals. Specifically, we asked them to identify states 
that had at least two entities with such practices in place. We 
identified four states (Maryland, New Jersey, Washington, and 
Wisconsin) using this method. In each of the four states, we 
interviewed state officials in the department of motor vehicles and 
the child support enforcement agency, representatives of the court 
system, and staff of other organizations involved in implementing the 
practices.[Footnote 5] Finally, we reviewed the relevant federal laws, 
as well as those in the four states in our review. 

We conducted our work from November 2008 to February 2010 in 
accordance with all sections of GAO's Quality Assurance Framework that 
are relevant to our objectives. The framework requires that we plan 
and perform the engagement to obtain sufficient and appropriate 
evidence to meet our stated objectives and to discuss any limitations 
in our work. We believe that the information and data obtained, and 
the analysis conducted, provide a reasonable basis for any findings 
and conclusions. 

On February 1, 2010, we briefed your staff on the results of our work. 
This report formally conveys the information provided during that 
briefing (see appendix I for the briefing slides). In general, we 
found the following: 

* In the four states we studied, we found three types of practices 
that may ease the financial impact of suspensions on low-income 
individuals: payment assistance, license reinstatement support, and 
suspension exemptions.[Footnote 6] Payment assistance, which includes 
payment plans, payment alternatives, and fine reductions, generally 
helps drivers who have difficulty paying, for example, parking or 
traffic-related fines. License reinstatement support includes 
guidance, case management, and legal services that can help drivers 
navigate the sometimes complicated relicensing process. For example, 
some individuals owe fines to multiple courts and so must take several 
steps to address the reason for suspension. Suspension exemptions may 
apply with respect to certain nondriving offenses, such as the 
nonpayment of child support. In addition, exemptions can take the form 
of permitting restricted licenses, which allow individuals to drive to 
specific places. Courts, nonprofit organizations, child support 
enforcement agencies, and departments of motor vehicles implement 
these practices. Some of these practices were established to reduce 
administrative burdens on court systems, while others were created to 
lessen employment barriers, according to staff we interviewed. 

* Challenges to implementing these practices include the need to 
garner support from multiple organizations, difficulties in crossing 
jurisdictional boundaries, and sustaining program funding, according 
to program staff. Staff from one of the programs that involves 
multiple entities told us that building a strong collaboration among 
its four partner organizations was time-consuming but critical to 
establishing their program. In addition, jurisdictional boundaries 
limit the reach of some court-based programs. Several programs noted 
that while many drivers owe fines in multiple cities or counties, 
courts typically cannot offer payment assistance for fines owed to 
other jurisdictions. With respect to funding, two programs recently 
experienced budget reductions that affected program capacity. 

In conclusion, the limited information on the prevalence and impact of 
nondriving suspensions, as well as on the effectiveness of the types 
of practices we found, may make it difficult for other localities and 
states to readily assess the need for these practices and to identify 
the most effective approaches. Also, while driver licensure is 
generally within the domain of state governments, some federal efforts 
exist that could facilitate information gathering and dissemination. 
DOT participates in a national working group that has brought together 
federal, state, and local officials to facilitate research, identify 
effective alternatives to suspension, and share information with state 
policymakers. In addition, HHS disseminates "best practices" for child 
support enforcement, including those related to driver's license 
suspensions, which provides a mechanism for information-sharing among 
states. 

Prior to our briefing of February 1, 2010, we provided a draft of this 
report to DOT and HHS for review and comment. DOT provided technical 
comments that we incorporated as appropriate. HHS agreed with our 
conclusion that states have the flexibility to implement appropriate 
practices that take into account the ability of noncustodial parents 
to pay overdue child support. It also emphasized that some child 
support enforcement agencies in states other than the four we reviewed 
have implemented similar practices and that other states often view 
suspension policies as a last resort. We added this point to the 
report. We also clarified our methodology, noting that we did not 
attempt to identify and describe practices used by child support 
enforcement agencies nationwide. Instead, our focus was on the four 
selected states identified, by researchers and knowledgeable 
practitioners, as having at least two entities with such practices in 
place. HHS also provided some information about states that suspend 
licenses for child support arrearages through an administrative 
process rather than through court systems; we added this information 
to the report. We also provided some additional information on state 
payment plan practices in response to HHS's comment about this issue 
in the draft report. HHS's written comments appear in appendix II. 

We are sending copies of this report to relevant congressional 
committees, the Secretaries of Health and Human Services and 
Transportation, and other interested parties. In addition, this report 
will be available at no charge on GAO's Web site at [hyperlink, 
http://www.gao.gov]. 

If you or your staff have any questions about this report, please 
contact me at (202) 512-7215 or brownke@gao.gov. Contact points for 
our Offices of Congressional Relations and Public Affairs may be found 
on the last page of this report. GAO staff who made major 
contributions to this report are listed in appendix III. 

Sincerely yours, 

Signed by: 

Kay E. Brown: 
Director, Education, Workforce, and Income Security Issues: 

[End of section] 

Appendix I: Briefing Slides: 

License Suspensions for Nondriving Offenses: 

Practices in Four States That May Ease the Financial Impact on Low-
Income Individuals: 

Briefing for Congressional Staff: 

February 1, 2010: 

Introduction: 

Driver’s License Suspension Policies: 

States suspend driver’s licenses for a variety of offenses that are 
not directly related to driving safety–such as failure to appear in 
court, pay fines, or meet child support obligations.[Footnote 7] 

Although the federal government has a limited role with regard to 
driver’s licenses, federal law does promote such suspensions in 
circumstances that involve drug convictions and child support 
arrearages. 

Concerns about Suspension Policies: 

While recognizing that suspensions can be an effective tool for 
promoting compliance with various laws, some policymakers and advocacy 
groups have raised concerns that: 

* certain drivers may face suspension because of their limited ability 
to meet financial obligations; 

* license suspensions make it difficult for some low-income 
individuals to maintain or find work, and may make it more challenging 
for them to pay fines or meet child support obligations;[Footnote 8] 
and; 

* suspensions for nondriving offenses[Footnote 9] may clog court 
systems and divert resources to activities that do not improve traffic 
safety. 

[End of Introduction] 

Research Objectives: 

In response to your request, we examined the following issues related 
to nondriving license suspensions: 

1. Practices in place that may ease the financial impact on low-income 
individuals. 

2. Any challenges involved in implementing these practices. 

[End of Research Objectives] 

Scope and Methodology: 

To address our objectives: 

* We interviewed officials from the Office of Child Support 
Enforcement of the U.S. Department of Health and Human Services (HHS) 
and the U.S. Department of Transportation (DOT), which administer the 
federal laws that address driver’s license suspensions for, 
respectively, child support arrearages and drug convictions. 

* We identified and reviewed literature on driver’s license 
suspensions for nondriving offenses. 

* We also asked, in all 50 states and the District of Columbia, state 
auditors, directors of state child support enforcement agencies, and 
administrators of state departments of motor vehicles, separately via 
e-mail, to identify relevant studies on the prevalence, impact, or 
effectiveness of suspensions for nondriving offenses. 

- Through these methods, we identified one study that provided 
information on state suspension policies, but very few studies on the 
prevalence of nondriving suspensions or the financial impact of such 
suspensions on low-income individuals. 

- In addition, we did not find rigorous studies on the effectiveness 
of nondriving suspensions in changing behavior or the effectiveness of 
practices in easing the financial impact of suspensions. 

* We identified and interviewed researchers and practitioners 
knowledgeable about practices that could ease the financial impact of 
nondriving suspensions on low-income individuals. 

* We conducted work in four states (Maryland, New Jersey, Washington, 
and Wisconsin) identified by knowledgeable researchers and 
practitioners as having at least two entities with such practices in 
place. Although we made efforts to obtain as complete information as 
possible, there may be other practices, or entities that implement 
such practices, in these four or other states, that we did not 
identify as part of this study.[Footnote 10] 

- In each of the four states, we interviewed state officials in the 
department of motor vehicles and the child support enforcement agency, 
representatives of the court system, and staff of other organizations 
involved in implementing the practices. 

* Finally, we reviewed the relevant federal laws, as well as those in 
the four states in our review. 

We conducted our work from November 2008 to February 2010 in 
accordance with all sections of GAO’s Quality Assurance Framework that 
are relevant to our objectives. The framework requires that we plan 
and perform the engagement to obtain sufficient and appropriate 
evidence to meet our stated objectives and to discuss any limitations 
in our work. We believe that the information and data obtained, and 
the analysis conducted, provide a reasonable basis for any findings 
and conclusions. 

[End of Scope and Methodology] 

Summary of Findings: 

We found three types of practices that may ease the financial impact 
of suspensions on low-income individuals: 

* payment assistance, such as for parking or traffic-related fines, 

* license reinstatement support, and, 

* suspension exemptions.[Footnote 11] 

According to program staff, challenges to implementing these practices 
include: 

* the need to garner support from multiple organizations, 

* difficulties in crossing jurisdictional boundaries, and, 

* sustaining program funding. 

[End of Summary of Findings] 

Background: 

States Suspend Driver’s Licenses for Offenses Not Directly Related to 
Driving Safety: 

According to a recent study by the American Association of Motor 
Vehicle Administrators (AAMVA), all states have adopted practices to 
suspend licenses for some nondriving offenses.[Footnote 12] 

* A majority of states have adopted policies to suspend licenses for 
such offenses as: 
- failure to maintain proper insurance; 
- failure to appear in court for a traffic violation; and; 
- failure to pay a motor vehicle or court fine, fee, or surcharge. 

As Required by Federal Law, All States Have Suspension Procedures for 
Failure to Pay Child Support: 

* As a condition of federal funding for their child support programs, 
states are required to provide for the suspension of driver’s licenses 
for individuals delinquent in making child support payments.[Footnote 
13] 

* The statute specifies that states should suspend licenses “in 
appropriate cases,” which gives states flexibility in implementing it, 
including setting the level of arrearage that would prompt a 
suspension. 

* HHS monitors states for inclusion of such procedures in their child 
support enforcement plans. 

* All states have procedures to suspend licenses for child support 
arrearages. 

In Response to Another Federal Law, Some States Also Suspend Licenses 
for Drug Convictions: 

* A state’s receipt of some federal highway funding is contingent upon 
its enacting and enforcing a law to require in all cases, or in the 
absence of compelling circumstances warranting an exception, the 
suspension of the license of any individual convicted of a drug 
offense. The suspension is to be for at least 6 months and is 
irrespective of whether the offense involved driving.[Footnote 14] 

* Although DOT is authorized to withhold 10 percent of certain highway 
funds if a state does not comply with this provision, the law 
explicitly permits states to opt out without penalty,[Footnote 15] and 
DOT reported that as of January 1, 2010, 32 states have done so. 

Various Agencies Are Involved in the Suspension Process: 

Courts and child support agencies are involved in carrying out 
suspensions by making referrals to state departments of motor 
vehicles, which are generally responsible for processing suspensions. 

* Courts in some states have the authority to order license 
suspensions for such infractions as drug offenses or the nonpayment of 
traffic fines. 

* Child support enforcement agencies generally refer for suspension 
those individuals who do not comply with their court-ordered child 
support payments.[Footnote 16] 

National and State-Level Data for Nondriving Suspensions Are Not 
Readily Available: 

According to researchers and state officials we spoke with: 

* While states collect data on license suspensions, they do not 
consistently categorize suspensions by the type of offense or classify 
them as being related to driving or nondriving offenses. 

* Even when states categorize suspension data by type of offense, they 
differ in the ways they do so. 

* States generally do not collect suspension data for drivers by 
income level. 

State-Level Data Offer Clues, but Are Still Imprecise: 

New Jersey study (2007)[Footnote 17]: 

* Determined that about 300,000 licensed drivers statewide (about 5 
percent) were suspended at any given time for driving and nondriving 
offenses combined. 

* Found that the vast majority of drivers were suspended for a variety 
of compliance reasons that were not directly related to driving 
behavior, such as not paying parking tickets or failing to maintain 
proper insurance.[Footnote 18] 

- About a third of suspensions involved failure to appear in court to 
satisfy a summons.[Footnote 19] 

* The suspension rate was more than four times higher for drivers 
residing in extremely low-income ZIP codes when compared to the rate 
statewide. (Due to a lack of income data, the researchers were unable 
to precisely match suspensions to suspended drivers, and instead 
examined suspension rates by income level of ZIP code.) 

Little Is Known about the Prevalence of Nondriving Suspensions or Who 
is Affected: 

The 2009 AAMVA study[Footnote 20] was an initial effort to examine 
license suspensions nationwide, including those related to driving, as 
well as nondriving, offenses. 

AAMVA study results for 2005: 

For all types of suspensions: 

* About 7 million drivers were suspended–for driving and nondriving 
offenses combined–according to data from 31 states and the District of 
Columbia. 

* Across these states, on average, an estimated 7.4 percent of 
licensed drivers were suspended. 

What is not known: 

* the proportion of suspensions specifically for nondriving offenses, 
and; 

* demographic characteristics, such as income level, of those 
suspended. 

Figure 1: Estimated Number of Suspended Drivers in 31 States and D.C. 
(2005): 

[Refer to PDF for image: pie-chart] 

Estimated Number of Suspended Drivers in 31 States and D.C. (2005): 
About 7 million suspended drivers. 

Sources: GAO analysis and AAMVA study. 

[End of figure] 

Ongoing Work by Federal and State Agencies: 

AAMVA’s Suspended and Revoked Drivers Working Group: 

* Formed in 2005, it is comprised of representatives of state motor 
vehicle agencies, state and local law enforcement, courts, and DOT. 

* The primary focus of the group is to consider the administrative 
burden on law enforcement personnel in stopping, and the courts in 
monitoring,suspended drivers who do not necessarily pose a safety 
hazard. 

* In addition to conducting research, the group is exploring 
alternatives to license suspension, such as community service or 
garnishment of wages. 

Health and Human Services: 

* HHS’s periodic dissemination of “best practices”[Footnote 21] 
broadly covering the federal-state child support enforcement program, 
including those related to license suspensions, provides a mechanism 
for information-sharing between states. 

[End of Background] 

Objective 1: 

Summary of Findings: 

We found three types of practices in four states that may ease the 
financial impact of suspensions on low-income individuals: 

* payment assistance, 

* license reinstatement support, and, 

* suspension exemptions. 

Different Entities Implement These Practices, Which Vary in Scope and 
Timing: 

Courts, nonprofit organizations, child support enforcement agencies, 
and departments of motor vehicles implement these practices. 

Some practices are carried out locally, while others are implemented 
statewide. 

The timing of aid also varies, since some practices provide support to 
suspended drivers, such as case management, while others, such as 
exemptions, help prevent suspension. 

Table 1: Overview of Practices in Four States: 

State: Maryland; 
Entity implementing the practice: Maryland Legal Aid Bureau, Inc. 
(nonprofit)[B]; 
Payment assistance: Payment plans: [Empty]; 
Payment assistance: Payment alternatives: [Empty]; 
Payment assistance: Fine reduction: [Empty]; 
License reinstatement support: Guidance: [Empty]; 
License reinstatement support: Case management: [Empty]; 
License reinstatement support: Legal services: [Check]; 
Suspension exemptions[A]: [Empty]. 

State: Maryland; 
Entity implementing the practice: Dept. of motor vehicles; 
Payment assistance: Payment plans: [Empty]; 
Payment assistance: Payment alternatives: [Empty]; 
Payment assistance: Fine reduction: [Empty]; 
License reinstatement support: Guidance: [Empty]; 
License reinstatement support: Case management: [Empty]; 
License reinstatement support: Legal services: [Empty]; 
Suspension exemptions[A]: [Check]. 

State: Maryland; 
Entity implementing the practice: Child support enforcement; 
Payment assistance: Payment plans: [Check]; 
Payment assistance: Payment alternatives: [Empty]; 
Payment assistance: Fine reduction: [Empty]; 
License reinstatement support: Guidance: [Empty]; 
License reinstatement support: Case management: [Empty]; 
License reinstatement support: Legal services: [Empty]; 
Suspension exemptions[A]: [Check]. 

State: New Jersey; 
Entity implementing the practice: Essex County Court License 
Reinstatement Program[B]; 
Payment assistance: Payment plans: [Check]; 
Payment assistance: Payment alternatives: [Empty]; 
Payment assistance: Fine reduction: [Empty]; 
License reinstatement support: Guidance: [Empty]; 
License reinstatement support: Case management: [Empty]; 
License reinstatement support: Legal services: [Empty]; 
Suspension exemptions[A]: [Empty]. 

State: New Jersey; 
Entity implementing the practice: New Jersey Institute for Social 
Justice (nonprofit); 
Payment assistance: Payment plans: [Empty]; 
Payment assistance: Payment alternatives: [Empty]; 
Payment assistance: Fine reduction: [Empty]; 
License reinstatement support: Guidance: [Check]; 
License reinstatement support: Case management: [Empty]; 
License reinstatement support: Legal services: [Empty]; 
Suspension exemptions[A]: [Empty]. 

State: New Jersey; 
Entity implementing the practice: Child support enforcement; 
Payment assistance: Payment plans: [Check]; 
Payment assistance: Payment alternatives: [Empty]; 
Payment assistance: Fine reduction: [Empty]; 
License reinstatement support: Guidance: [Empty]; 
License reinstatement support: Case management: [Empty]; 
License reinstatement support: Legal services: [Empty]; 
Suspension exemptions[A]: [Check]. 

State: New Jersey; 
Entity implementing the practice: Courts; 
Payment assistance: Payment plans: [Check]; 
Payment assistance: Payment alternatives: [Empty]; 
Payment assistance: Fine reduction: [Empty]; 
License reinstatement support: Guidance: [Empty]; 
License reinstatement support: Case management: [Empty]; 
License reinstatement support: Legal services: [Empty]; 
Suspension exemptions[A]: [Check]. 

State: Washington; 
Entity implementing the practice: King County District Court Re-
licensing Program[B]; 
Payment assistance: Payment plans: [Check]; 
Payment assistance: Payment alternatives: [Check]; 
Payment assistance: Fine reduction: [Check]; 
License reinstatement support: Guidance: [Empty]; 
License reinstatement support: Case management: [Empty]; 
License reinstatement support: Legal services: [Check]; 
Suspension exemptions[A]: [Empty]. 

State: Washington; 
Entity implementing the practice: Municipal Court of Seattle Re-
licensing Program[B]; 
Payment assistance: Payment plans: [Check]; 
Payment assistance: Payment alternatives: [Check]; 
Payment assistance: Fine reduction: [Empty]; 
License reinstatement support: Guidance: [Check]; 
License reinstatement support: Case management: [Check]; 
License reinstatement support: Legal services: [Check]; 
Suspension exemptions[A]: [Empty]. 

State: Washington; 
Entity implementing the practice: Child support enforcement; 
Payment assistance: Payment plans: [Check]; 
Payment assistance: Payment alternatives: [Empty]; 
Payment assistance: Fine reduction: [Empty]; 
License reinstatement support: Guidance: [Empty]; 
License reinstatement support: Case management: [Empty]; 
License reinstatement support: Legal services: [Empty]; 
Suspension exemptions[A]: [Check]. 

State: Washington; 
Entity implementing the practice: Dept. of motor vehicles; 
Payment assistance: Payment plans: [Empty]; 
Payment assistance: Payment alternatives: [Empty]; 
Payment assistance: Fine reduction: [Empty]; 
License reinstatement support: Guidance: [Empty]; 
License reinstatement support: Case management: [Empty]; 
License reinstatement support: Legal services: [Empty]; 
Suspension exemptions[A]: [Check]. 

State: Washington; 
Entity implementing the practice: Courts; 
Payment assistance: Payment plans: [Check]; 
Payment assistance: Payment alternatives: [Empty]; 
Payment assistance: Fine reduction: [Empty]; 
License reinstatement support: Guidance: [Empty]; 
License reinstatement support: Case management: [Empty]; 
License reinstatement support: Legal services: [Empty]; 
Suspension exemptions[A]: [Empty]. 

State: Wisconsin; 
Entity implementing the practice: Center for Driver's License Recovery 
& Employability (nonprofit)[B]; 
Payment assistance: Payment plans: [Check]; 
Payment assistance: Payment alternatives: [Check]; 
Payment assistance: Fine reduction: [Empty]; 
License reinstatement support: Guidance: [Check]; 
License reinstatement support: Case management: [Check]; 
License reinstatement support: Legal services: [Check]; 
Suspension exemptions[A]: [Empty]. 

State: Wisconsin; 
Entity implementing the practice: Milwaukee Municipal Court Fine 
Reduction Program[B,C]; 
Payment assistance: Payment plans: [Empty]; 
Payment assistance: Payment alternatives: [Empty]; 
Payment assistance: Fine reduction: [Check]; 
License reinstatement support: Guidance: [Empty]; 
License reinstatement support: Case management: [Empty]; 
License reinstatement support: Legal services: [Empty]; 
Suspension exemptions[A]: [Empty]. 

State: Wisconsin; 
Entity implementing the practice: Child support enforcement; 
Payment assistance: Payment plans: [Check]; 
Payment assistance: Payment alternatives: [Empty]; 
Payment assistance: Fine reduction: [Empty]; 
License reinstatement support: Guidance: [Empty]; 
License reinstatement support: Case management: [Empty]; 
License reinstatement support: Legal services: [Empty]; 
Suspension exemptions[A]: [Check]. 

State: Wisconsin; 
Entity implementing the practice: Dept. of motor vehicles; 
Payment assistance: Payment plans: [Empty]; 
Payment assistance: Payment alternatives: [Empty]; 
Payment assistance: Fine reduction: [Empty]; 
License reinstatement support: Guidance: [Empty]; 
License reinstatement support: Case management: [Empty]; 
License reinstatement support: Legal services: [Empty]; 
Suspension exemptions[A]: [Check]. 

State: Wisconsin; 
Entity implementing the practice: Courts; 
Payment assistance: Payment plans: [Check]; 
Payment assistance: Payment alternatives: [Empty]; 
Payment assistance: Fine reduction: [Empty]; 
License reinstatement support: Guidance: [Empty]; 
License reinstatement support: Case management: [Empty]; 
License reinstatement support: Legal services: [Empty]; 
Suspension exemptions[A]: [Check]. 

Source: GAO analysis based on documentation provided by and interviews 
with relevant entities. 

[A] We use the term “suspension exemption”to denote any statutory 
provision or administrative arrangement under which discretion may be 
exercised not to suspend licenses—-due to, for example, an 
individual's disability, poverty or other circumstances-—when such 
suspension would otherwise be required. 

[B] These entities implement practices locally, whereas the other 
entities implement practices statewide. 

[C] In 1998 and 2004, the Milwaukee Municipal Court Fine Reduction 
Program temporarily offered suspended drivers partial amnesty of their 
fines. 

[End of table] 

Some Practices Were Established to Reduce Administrative Burdens on 
Court Systems: 

Municipal Court of Seattle Re-licensing Program (Washington): 

* The program was established in 1998, according to program staff,to 
reduce administrative burdens on the court system, such as backlogs 
and costs, resulting from individuals caught driving with a suspended 
license, a criminal offense in Washington. 

- At the time the program started, around 7,000 such cases were filed 
a year and represented approximately one-third of a city attorney’s 
caseload. 

- Each case has costs associated with it. For example, if a suspended 
driver fails to appear in court, it costs about $100 for arraignment 
and about $80 per day to house them in jail. 

* Staff also reported that another goal of the program is to help 
suspended drivers with license reinstatement. 

Center for Driver’s License Recovery and Employability (Milwaukee, 
Wisconsin): 

* A pilot program was created in 2003 by the Milwaukee Bar Association 
primarily to reduce the backlog of court cases involving individuals 
caught driving with a suspended license, according to program staff. 

* By the time the center was formally established in 2007, according 
to program staff, it also aimed to remove suspensions as a barrier to 
employment. 

Other Practices Were Created to Reduce Employment Barriers: 

Essex County Court License Reinstatement Program (New Jersey): 

* The program was initially developed in 2005 by the New Jersey 
Institute for Social Justice as a pilot program, according to program 
staff, in part because staff realized that clients would not be 
eligible to participate in a construction apprenticeship program 
without a valid license. 

* The goal of the program, which is currently administered by the 
Essex County Court, is to remove driver’s license suspension as a 
barrier to employment. 

Maryland Legal Aid Bureau, Inc.: 

* The Baltimore City Child Support Project was developed by the Legal 
Aid Bureau in 2004 to enable clients to find work when their 
suspensions are due to a child support arrearage.[Footnote 22] 

Objective 1: Payment Assistance: 

The Practice of Payment Assistance Targets Drivers Who Have Difficulty 
Making Financial Payments: 

Nonpayment of fines is a frequent reason for license suspension, 
according to several program staff and state officials. Low-income 
individuals’ licenses may be disproportionately suspended for this 
reason because they have difficulty paying fines. 

In particular, parking and traffic fines vary in amount but can be 
significant. 

* Parking fines in New Jersey range from $17 to $130 with most under 
$50, according to a New Jersey-based study.[Footnote 23] 

* Some traffic fines in Washington are high, according to staff from 
the Municipal Court of Seattle Re-licensing Program. They cited one 
that was over $600 and noted that if the fine was not paid on time, 
the debt would increase. 

Payment Assistance Includes Payment Plans, Payment Alternatives, and 
Fine Reductions: 

Some courts and nonprofit organizations, as well as all four state 
child support enforcement agencies, offer payment assistance. 

The King County District Court Re-licensing Program (Washington): 

* Helps individuals caught driving with a suspended license, according 
to program staff, by: 

- establishing payment plans that allow users to pay fines through 
smaller monthly payments over a longer time period; 

- offering payment alternatives such as performing community service 
or serving on a work crew in lieu of making a payment; and; 

- reducing fines, which judges have the authority to do depending on 
the circumstances. 

New Jersey, Washington, and Wisconsin Courts: 

* Offer payment plans, as required by laws in their states, to 
individuals who are unable to pay traffic fines because of 
poverty.[Footnote 24] 

Objective 1: License Reinstatement Support: 

The Practice of License Reinstatement Support Helps Drivers Take the 
Sometimes Complex Steps to Obtain a Valid License: 

To obtain a valid license, a suspended driver must generally: 

* address the reason for suspension with the issuing agency, and; 

* pay a reinstatement fee to the department of motor vehicles. 

In some cases, individuals owe fines to multiple courts and so must 
take several steps to address the reason for suspension. 

According to the Center for Driver’s License Recovery and 
Employability in Milwaukee, license reinstatement can be a complicated 
and confusing process. 

Support with Reinstatement Can Include Guidance, Case Management, or 
Legal Services: 

Several nonprofit organizations and two court programs offer license 
reinstatement support. 

The Center for Driver’s License Recovery and Employability (Milwaukee, 
Wisconsin): 

* Provides low-income suspended drivers with personalized guidance, 
ongoing case management, and legal advice and representation. 

Between March 2007 and July 2008,the center provided[Footnote 25]: 

* 650 clients with case management services, 53 percent of whom 
successfully obtained a valid license, and, 

* 212 clients with both case management and legal services, 70 percent 
of whom successfully obtained a valid license. 

Objective 1: Suspension Exemptions: 

The Practice of Suspension Exemptions Generally Prevents Suspensions: 

Suspension exemptions may be granted for certain nondriving offenses, 
such as the nonpayment of child support and drug offenses.[Footnote 26] 

Suspension exemptions may take the form of restricted licenses, which 
allow individuals to drive to specific places, such as work and 
school.[Footnote 27] 

Exemptions May Be Granted for Child Support Arrearages and Nondriving 
Related Drug Offenses: 

All four states grant suspension exemptions for child support 
arrearages, and two states grant exemptions for certain nondriving 
drug offenses. 

* Child support officials in all four states said that license 
suspensions are used as a last resort when other enforcement tools 
have not resulted in receipt of payment. Noncustodial parents are 
notified twice before suspension and directed to contact child support 
enforcement to resolve the situation. 

* Officials in all four states said that they believe that suspensions 
are an effective tool for obtaining past-due child support.[Footnote 
28] 

The practices and perspectives we identified in these four states may 
be more widespread. HHS officials who monitor states’ child support 
enforcement policies told us that, in addition to these four states, 
other state child support agencies often use their discretion to avoid 
routinely suspending the driver’s licenses of low-income noncustodial 
parents and view suspensions as a last resort. 

Child support-related suspension exemptions stem from both state laws 
and administrative practices. Some examples include: 

* A Washington law provides that licenses of noncustodial parents will 
not be suspended if at a hearing they demonstrate that they made a 
good faith effort to comply with the support order—based, for example, 
on their efforts to find employment. Wash. Rev. Code § 74.20A.322(4). 

* A Maryland law provides child support officials with discretion 
regarding the initiation of suspensions and specifically prohibits the 
initiation of a suspension in certain circumstances, such as when it 
would be an impediment to employment. Md. Code Ann., Fam. Law § 10-
119(c)(4). 

* Administrative practices in New Jersey and Wisconsin, according to 
child support officials, allow for suspension exemptions for certain 
populations, such as individuals with disabilities. 

While New Jersey and Wisconsin have state laws that authorize license 
suspensions for nondriving-related drug offenses, both states also 
allow judges to exempt drivers from suspension.[Footnote 29] 

Restricted Licenses Exempt Drivers from Full Suspension of Driving 
Privileges: 

Maryland, Washington, and Wisconsin allow eligible drivers suspended 
for certain nondriving offenses to obtain restricted licenses that 
limit where and when the individual can drive.[Footnote 30] Two 
examples are: 

* In Maryland, noncustodial parents in partial compliance with their 
child support may be issued a restricted license, which lets them 
drive to and from work during work hours. To obtain a restricted 
license, a driver must provide the department of motor vehicles with a 
letter of authorization. The child support enforcement agency 
typically issues this letter after the individual has entered into a 
payment plan that will bring him or her into full compliance. 

* In Wisconsin, drivers suspended for a drug offense, among other 
offenses, can also apply for a restricted license, and if they meet 
the eligibility criteria, the department of motor vehicles will issue 
it. 

[End of Objective 1] 

Objective 2: 

Summary of Findings: 

According to program staff, challenges to implementing these practices 
include: 

* the need to garner support from multiple organizations, 

* difficulties in crossing jurisdictional boundaries, and, 

* sustaining program funding. 

Garnering Support from Multiple Organizations Can Be a Challenge: 

Center for Driver’s License Recovery and Employability (Milwaukee, 
Wisconsin): 

* Offers both payment assistance and license reinstatement support to 
suspended drivers through a partnership between four organizations 
(see figure 2).[Footnote 31] 

* According to program staff, building a strong collaboration among 
these partner organizations was time-consuming but critical to 
designing and carrying out the program. 

* Staff noted that establishing and maintaining such partnerships 
would likely be a challenge to implementing the program in other 
communities. 

Figure 2: Center for Driver’s License Recovery and Employability: 
Partner Organizations and Roles: 

[Refer to PDF for image: illustration] 

Lead Organization: Justice 2000, Inc. (nonprofit organization); 
Provides: Guidance and case management; 
To: Suspended driver. 

Lead Organization: Legal Action of Wisconsin, Inc. 
Provides: Legal services; 
To: Suspended driver. 

Lead Organization: Milwaukee Municipal Court; 
Provides: Payment plans and payment alternatives; 
To: Suspended driver. 

Lead Organization: Milwaukee Area Technical College; 
Provides: Office space and equipment for program; 
To: Suspended driver. 

Source: GAO analysis. 

Note: Partner organizations are as of 2009. 

[End of figure] 

Municipal Court of Seattle Re-licensing Program: 

* Offers both payment assistance and license reinstatement support to 
individuals caught driving with a suspended license through a 
partnership between the court, the Seattle City Attorney’s Office, and 
the King County Office of the Public Defender (see figure 3). While 
the program serves all individuals regardless of income, many 
participants are low-income. 

- The court also dismisses the criminal charge for driving while 
suspended if the individual meets certain requirements. 

* According to court staff, a key factor in establishing the program 
was that these partner organizations agreed on overall program goals, 
despite tensions related to their different perspectives and areas of 
responsibility. 

Figure 3: Municipal Court of Seattle Re-licensing Program: Partner 
Organizations and Roles: 

[Refer to PDF for image: illustration] 

Lead Organization: Municipal Court of Seattle; 
Provides: Payment plans, payment alternatives, guidance and case 
management; 
To: Individual caught driving while suspended. 

Lead Organization: Seattle City Attorney's Office and King County 
Office of the Public Defender; 
Provides: Dismisses criminal charges;[A] 
To: Individual caught driving while suspended. 

[A] The Seattle City Attorney’s Office provides a prosecutor and the 
King County Office of the Public Defender provides a defense attorney 
at each initial court appearance for individuals caught driving while 
suspended. If an individual meets certain requirements, the prosecutor 
and defense attorney agree to dismiss the criminal charge. 

Source: GAO analysis. 

[End of figure] 

Court-Based Programs Are Challenged by Jurisdictional Boundaries: 

Jurisdictional boundaries limit the reach of court-based 
programs.[Footnote 32] 

* Several programs reported that many drivers owe fines in multiple 
cities or counties. For example, the 862 suspended drivers served by 
the Center for Driver’s License Recovery and Employability between 
March 2007 and July 2008 owed fines in 60 different city and county 
court systems in Wisconsin.[Footnote 33] Staff from the Municipal 
Court of Seattle Re-licensing Program explained that many drivers owe 
fines in multiple jurisdictions because the Seattle metropolitan area 
is large, and drivers often commute to work across multiple cities or 
counties. 

* However, courts typically cannot offer payment assistance for fines 
incurred in other jurisdictions. For example, the Municipal Court of 
Seattle does not have the authority to offer payment assistance for 
fines incurred outside the city of Seattle. If a suspended driver also 
owes fines elsewhere but cannot afford to pay them, he or she cannot 
obtain a reinstated license, despite receiving payment assistance for 
the Seattle fine. 

* Staff from all three court-based programs said that jurisdictional 
boundaries would be a challenge to implementing these programs more 
broadly. 

Efforts to overcome jurisdictional boundaries may face administrative 
challenges. 

Essex County Court License Reinstatement Program: 

* The court obtained permission from the state Administrative Office 
of the Courts to consolidate fines incurred throughout the county into 
one payment plan based on income. 

* According to staff, the program is cumbersome to administer because 
they must identify fines owed across 21 municipalities. Differences in 
information technology systems among municipalities also make it 
difficult to track payments and assess compliance with payment plans. 

* While the court can consolidate fines incurred within Essex County, 
payment plans cannot include fines incurred outside of Essex County. 

Sustaining Program Funding Can Also Be a Challenge: 

Two programs recently experienced budget reductions that affected 
program capacity. 

Municipal Court of Seattle Re-licensing Program: 

According to program staff: 

* Due to state budget cuts during the severe economic recession, the 
court eliminated an ombudsman position in July 2009. The loss of the 
ombudsman, who provided individual assistance to program participants, 
has decreased the court’s ability to provide personalized license 
reinstatement support. 

* If the court is forced to eliminate additional positions, it might 
be unable to continue offering payment plans and community service as 
payment assistance options. 

Maryland Legal Aid Bureau, Inc.: 

According to Legal Aid staff: 

* The Legal Aid Bureau discontinued the Baltimore City Child Support 
Project after the project lost private foundation funding in 2008, but 
has continued to assist clients with license reinstatement. These 
efforts are now funded entirely by the Legal Aid Bureau. 

* License reinstatement assistance is currently provided on a part-
time basis by one attorney, who said that funding is not available for 
additional staff support. There are currently no plans to expand the 
project, as additional staff would be needed in order to do so. 

In addition, staff from two other programs noted that resource 
constraints would be a challenge to broader implementation. 

[End of Objective 2] 

Concluding Observations: 

State and local needs and concerns have been the impetus behind the 
practices we found to help drivers retain, or suspended drivers 
regain, their licenses. While there were often challenges to be 
addressed, the entities involved in license suspensions–courts, child 
support enforcement agencies, and departments of motor vehicles–were 
sufficiently flexible to allow for the development of such practices 
in the four states we reviewed. 

The limited information on the prevalence and impact of nondriving 
suspensions, as well as on the effectiveness of the types of practices 
we found, may make it difficult for other localities and states to 
readily assess any potential need for such practices and to identify 
the most effective approaches. 

While driver licensure is generally within the domain of state 
governments, some federal efforts exist that could facilitate 
information-sharing and dissemination: 

* DOT is playing a role in sharing information about such practices. 
DOT is participating in AAMVA’s Suspended and Revoked Drivers Working 
Group that has brought together DOT, state, and local officials to 
facilitate research, identify effective alternatives to suspension, 
and share information with state policymakers. 

* In addition, HHS’s dissemination of “best practices” for child 
support enforcement, including those related to driver’s license 
suspensions, also provides a mechanism for information-sharing between 
states. 

[End of Concluding Observations] 

[End of section] 

Appendix II: Comments from the Department of Health and Human Services: 

Department Of Health & Human Services: 
Office Of The Secretary: 
Assistant Secretary for Legislation: 
Washington, DC 20201: 

January 22, 2010: 

Kay Brown, Director: 
Education, Workforce, and Income Security Issues: 
Government Accountability Office: 
441 G Street NW: 
Washington, DC 20548: 

Dear Ms. Brown: 

Enclosed are the Department's comments on the U.S. Government 
Accountability Office's (GAO) draft report entitled: "License 
Suspensions For Non-Driving Offenses: Practices in Four States That 
May Ease the Financial Impact on Low-Income Individuals (GA0-10-217). 

The Department appreciates the opportunity to review and comment on 
this report before its publication. 

Sincerely, 

Signed by: 

Andrea Palm: 
Acting Assistant Secretary for Legislation: 

Enclosure: 

General Comments Of The Department Of Health And Human Services On The 
Government Accountability Office's (GAO) Draft Report Entitled, 
"License Suspensions For Non-Driving Offenses: Practices In Four 
States That May Ease The Financial Impact On Low-Income Individuals" 
(GA0-10-217): 

The Department appreciates the opportunity to comment on this 
Government Accountability Office (GAO) draft report. 

The Personal Responsibility and Work Opportunity Reconciliation Act of 
1996 (PRWORA) enacted section 466(a)(16) of the Social Security Act, 
which requires States to have (and use in appropriate cases) the 
authority to withhold, suspend or restrict the use of driver's 
licenses of individuals owing past due support or failing after 
receiving appropriate notice, to comply with subpoenas or warrants 
relating to paternity or child support proceedings. 

For the Child Support Enforcement (CSE) program, license suspension 
and revocation is an enforcement mechanism designed to encourage 
obligors to pay their child support or risk restriction of driver's 
licenses and other licenses. States report that the threat of losing a 
driver's license is an effective means of bringing a delinquent 
obligor into compliance, and often leads to the successful collection 
of past due child support payments. See Office of Inspector General, 
Review of States' License Suspension Processes, A-01-96-02502 (July 
1997). The 2002 GAO report (GAO-02-239), cited on page 28 of the draft 
report, reiterates the value of this enforcement tool, stating: 

"Driver's license suspension alone, or in conjunction with other 
enforcement actions, does lead some noncustodial parents with past-due 
support to make their child support payments. We obtained data on 
driver's license suspension in calendar year 2000 in four states—
Colorado, Maryland, Pennsylvania, and Washington. We found that in 
nearly one out of every three cases, parents who were subjected to 
this action made at least one child support payment after being 
notified that their licenses could be, or were being, suspended for 
nonpayment of child support. In calendar year 2000, 104,608 
noncustodial parents in the four states we examined had their driver's 
licenses threatened or suspended and the total amount of child support 
collected from these parents was $48 million." 

States have a great deal of flexibility in establishing criteria for 
driver's license suspensions. Some States use a time frame trigger, 
such as payments that are 30 days in arrears, while others use a 
dollar amount trigger, such as past due support in excess of $2,000, 
and still others use a combined trigger. Other practices vary as well. 
For example, some States issue a warning letter to the delinquent 
obligor that provides additional time for the obligor to pay, other 
States offer a hearing before a license is suspended, and some States 
provide an opportunity to enter into a payment plan. 

For the draft report, the GAO studied four States (Maryland, New 
Jersey, Washington and Wisconsin) with practices that could ease the 
financial impact of non-driving suspensions on low-income obligors. We 
agree with the draft report's conclusion that States have the 
flexibility to implement appropriate practices that take into account 
the ability of obligors to pay overdue child support. However, we 
would like to correct any misimpression that such practices are rarely 
implemented by State child support agencies, or that very few State 
child support agencies use their discretion to avoid routinely 
suspending the driver's licenses of low-income obligors. 

Draft slide 7 accompanying the draft report notes that while the GAO 
made efforts to obtain complete information, there may be other 
practices or entities that implement such practices. While the GAO 
study is focused on the four study States, we are aware of several 
additional States that do not seek to suspend a driver's license 
except as a last resort after other enforcement remedies have been 
attempted first, when the non-custodial parent is unable to pay the 
ordered amount of support, or when the license is needed for work (GA, 
KY, ID, IL, IA, MA, MN, OR, PR, VI). In addition, a number of States 
provide a restricted license that can be used for work purposes. The 
1997 Office of Inspector General (OIG) report found that "Some of the 
States used another set of criteria to exclude cases where the NCP was 
incarcerated, deceased, bankrupt, without a valid license, or without 
the means to pay child support." 

We would like to also raise the following issues that we identified in 
the report: 

* The draft report does not mention that several States suspend 
licenses administratively, without the need for judicial involvement, 
thus not contributing to clogged court systems. 

* Page 17 of the draft report identifies background information 
related to the current study, but does not mention the 1997 OIG 
report, cited above, which found that the administrative process of 
suspending driver's licenses for past due child support generally 
targeted more cases, had more collections, and took less time than the 
judicial process. 

* Page 20 of the draft report includes a table that provides an 
overview of practices in the four study States. The chart indicates 
that none of the four child support agencies provide payment 
assistance, such as payment plans, payment alternatives, or fine 
reduction; however, page 30 of the report indicates that in Maryland, 
the child support agency typically issues a letter authorizing a 
noncustodial parent to obtain a restricted license for work purposes 
after the individual has entered into a payment plan. 

[End of section] 

Appendix III: GAO Contact and Staff Acknowledgments: 

GAO Contact: 

Kay E. Brown, (202) 512-7215 or brownke@gao.gov: 

Staff Acknowledgments: 

Gale Harris, Assistant Director, and Paul Wright, analyst-in-charge, 
managed this assignment. Caitlin Croake, Kathryn O'Dea, and Ramona 
Burton made significant contributions to this report in all aspects of 
the work. Terry Richardson and Steven Putansu provided methodological 
assistance; Craig Winslow provided legal support; and Susan Bernstein 
and James Bennett also provided assistance. 

[End of section] 

Footnotes: 

[1] In this report, we focus on noncommercial driver's licenses. 

[2] In this report, we use the term "nondriving offense" to denote an 
offense that does not directly involve driving an automobile. This 
would include, for example, failure to appear in court or pay a fine, 
even when related to an underlying driving offense, but not speeding, 
reckless driving, or intoxicated driving. 

[3] 42 U.S.C. § 666(a)(16). 

[4] 23 U.S.C. § 159. 

[5] While we made efforts to obtain as complete information as 
possible, there may be other practices, or entities that implement 
such practices, in these four or other states that we did not 
identify. For example, child support enforcement agencies in other 
states may have similar practices in place. We did not attempt to 
identify and describe practices used by child support agencies 
nationwide; our focus was on selected states, identified as having at 
least two entities with such practices in place. 

[6] In this report, we use the term "suspension exemption" to denote 
any statutory provision or administrative arrangement under which 
discretion may be exercised not to suspend licenses--due to, for 
example, an individual's disability, poverty, or other circumstances-- 
when such suspension would otherwise be required. 

[7] In this report, we focus on noncommercial driver’s licenses. 

[8] See, for example, Sandra Gustitus, Melody Simmons, and Margy 
Waller, Access to Driving and License Suspension Policies for the 
Twenty-First Century Economy(Washington, D.C., The Mobility Agenda, 
June 2008). 

[9] In this report, we use the term “nondriving offense” to denote an 
offense that does not directly involve driving an automobile. This 
would include, for example, failure to appear in court or pay a fine, 
even when related to an underlying driving offense, but not speeding, 
reckless driving or intoxicated driving. 

[10] For example, child support enforcement agencies in other states 
may have similar practices in place. We did not attempt to identify 
and describe practices used by child support enforcement agencies 
nationwide; our focus was on selected states, identified as having at 
least two entities with such practices in place. 

[11] In this report, we use the term “suspension exemption” to denote 
any statutory provision or administrative arrangement under which 
discretion may be exercised not to suspend licenses-—due to, for 
example, an individual’s disability, poverty or other circumstances—-
when such suspension would otherwise be required. 

[12] Jon A. Carnegie and Robert J. Eger, III, Reasons for Driver 
License Suspension, Recidivism, and Crash Involvement Among Drivers 
with Suspended/Revoked Licenses, a study for the American Association 
of Motor Vehicle Administrators, sponsored by the U.S. Department of 
Transportation, January 2009. 

[13] 42 U.S.C. § 666(a)(16). This law also covers the suspension of 
professional, occupational, recreational, and sporting licenses. 

[14] 23 U.S.C. § 159. 

[15] To opt out, a state’s governor must submit a certification and 
the state legislature must adopt a resolution indicating their 
opposition to enacting and enforcing such a law. 

[16] In some cases, courts suspend licenses for non-payment of child 
support, while in other cases, licenses are suspended administratively 
by child support enforcement agencies. For some information on these 
processes, see U.S. Department of Health and Human Services, Office of 
Inspector General, Review of States’ License Suspension Processes, 
CIN: A-01-96-02502 (Washington, D.C., July 2, 1997). 

[17] Jon A. Carnegie, Driver’s License Suspensions, Impacts and 
Fairness Study. Alan M. Voorhees Transportation Center, Rutgers, The 
State University of New Jersey (August 2007). 

[18] The AAMVA study provided some additional information on the 
prevalence of nondriving offenses among suspended drivers based on a 
sample of data from six states including New Jersey. That study 
estimated that a quarter to a third of suspended drivers had lost 
their licenses for nondriving offenses from 2002 to 2006. However, 
based on our assessment of the study’s methodology, this estimate 
cannot be generalized to the six states collectively nor to individual 
states. 

[19] Data on reasons for suspensions reflect the number of suspension 
orders, not suspended drivers; an individual driver can have multiple 
suspension orders. 

[20] Carnegie and Eger, Reasons for Driver License Suspension, 
Recidivism, and Crash Involvement Among Drivers with Suspended/Revoked 
Licenses. The latest year for which data were available is 2005. 

[21] The periodically issued HHS compilation covers a range of 
enforcement tools, including wage withholding practices and filing 
liens against property, among others. 

[22] The Legal Aid Bureau discontinued the Baltimore City Child 
Support Project after losing funding in 2008 but has continued to 
assist clients with license reinstatement. 

[23] Jon A. Carnegie, Driver’s License Suspensions, Impacts and 
Fairness Study. 

[24] N.J. Stat. Ann. § 39:4-203.1, Wash. Rev. Code § 46.63.110(6), and 
Wis. Stat. § 345.47(1). 

[25] Lois M. Quinn and John Pawasarat, Second Year Evaluation of the 
Center for Driver’s License Recovery & Employability (Employment and 
Training Institute, University of Wisconsin-Milwaukee, November 2008). 

[26] In the context of drug offenses, federal regulations require a 
state to implement any such exemptions through law, regulation, 
policy, or statewide published guidance establishing circumstances 
under which they will apply. 23 C.F.R. § 192.4(d) (2009). DOT 
indicated that there is a certain degree of uniformity required across 
a state. 

[27] The term “restricted license” is used generally to describe any 
license that grants limited driving privileges to otherwise suspended 
drivers, such as occupational licenses. 

[28] A 2002 GAO report noted that suspensions lead some noncustodial 
parents with past-due support to make their child support payments, 
but no data were reported on these parents’ income levels. Child 
Support Enforcement: Most States Collect Drivers’ SSNs and Use Them to 
Enforce Child Support, [hyperlink, 
http://www.gao.gov/products/GAO-02-239] (Washington, D.C.: Feb. 15, 
2002). 

[29] N.J. Stat. Ann. §2C:35-16 and Wis. Stat. §961.50(1). These laws 
were recently amended to allow for exemptions. Maryland, Washington, 
and Wisconsin have opted, as explicitly permitted by statute (23 
U.S.C. § 159(a)(3)), not to have laws requiring license suspension for 
all drug convictions, according to DOT. Maryland only suspends driver’
s licenses for drug convictions that directly involve driving. 
Washington revokes the licenses of all juveniles convicted of drug 
offenses and does not provide exemptions. Wash. Rev. Code §§ 46.20.265 
and 69.50.420. 

[30] Md. Code Ann., Transp. § 16-203(b)(2), Wash. Rev. Code § 
46.20.391, and Wis. Stat. § 343.10. 

[31] At the time of our interviews, the center operated as a 
partnership between Justice 2000, Inc., Legal Action of Wisconsin, 
Inc., the Milwaukee Municipal Court, and the Milwaukee Area Technical 
College. The center planned to begin a new partnership with Wisconsin 
Community Services, Inc. in January 2010. At that time, Wisconsin 
Community Services, Inc. is expected to replace Justice 2000, Inc. as 
the lead organization in the partnership. 

[32] By court-based programs, we are referring to the Essex County 
Court License Reinstatement Program, the King County District Court Re-
licensing Program, and the Municipal Court of Seattle Re-licensing 
Program. 

[33] Quinn and Pawasarat, Second Year Evaluation of the Center for 
Driver’s License Recovery and Employability. 

[End of section] 

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