February 23, 2015

Ex-Offenders Face Steep Price to Reinstate Driver’s Licenses

Print More
John Atkinson, who served time in jail on drug and weapons charges, must pay $3,000 to get his driver's license restored. Until then, he relies on family and friends for transportation.

Clifton Adcock/Oklahoma Watch

John Atkinson, who served time in jail on drug and weapons charges, must pay $3,000 to get his driver's license restored. Until then, he relies on family and friends for transportation.


 

Prisoners of Debt

This is the sixth in a series of stories reported jointly by Oklahoma Watch and KGOU Radio. The latest segments from KGOU reporter Kate Carlton Greer can be found at www.kgou.org.

When offenders leave prison to re-enter society, one of the steepest barriers they face is finding a job.

Then they encounter a second barrier: paying hundreds or thousands of dollars in fees to reinstate a driver’s license so they can look for and keep a job.

Oklahomans who lose a driver’s license because of failing to pay a traffic fine or appear in court on the matter may have to pay several hundred dollars to restore the license.

Those incarcerated for driving under the influence of drugs or alcohol, or a felony involving a vehicle, often must pay several thousand dollars to regain their license. That’s on top of court costs and fines related to their offenses. Reinstating a license can take months or years, depending on the length of suspension or revocation.

State Sen. Josh Brecheen, R-Coalgate, was one of the authors of a 2013 law aimed at lowering costs to reinstate driver’s licenses. Brecheen said reinstatement costs are so high they create a barrier to an inmate reintegrating into society.

“They (offenders) have to have met every metric so they’re not a public safety risk to get behind the wheel, according to the Department of Public Safety, and the only thing between them and driving is the exorbitant cost,” Brecheen said.

Stephen Krise, general counsel for DPS, explained that the fines, fees and other costs that offenders face after being released from prison or jail are used by agencies and the organizations for public safety. He cited the trauma care fund, which helps cover uncompensated care for hospitals and ambulance services.

“It’s up to the Legislature to dictate those fees and where they go,” Krise said.

Loretta Denman, director of state programs for the Oklahoma Chapter of Mothers Against Drunk Driving (MADD), said while her organization is unaware of the fee structure associated with DUIs, it strongly backs laws against the crime. She said MADD supports the use of ignition interlock devices, which lower the chances that a recovering alcoholic will re-offend.

“They’re proven to save lives,” she said.

A Stack of Fees

Former jail inmate John Atkinson, 26, has no driver’s license. But he said he’s lucky. He has parents, friends and a girlfriend who are willing to give him rides, including to and from work.

Still, “I’m a pretty self-reliant person,” Atkinson said. “I don’t like having to get people to give me rides. There’s a certain amount of guilt in that.”

A recovering heroin addict, Atkinson was convicted in 2014 on charges stemming from a single traffic stop. He was convicted of possession of drugs, weapons and drug paraphernalia and for driving under the influence. The last charge resulted from his not submitting to a blood test during his arrest, Atkinson said. As an addict, he said, he had been afraid they would detect the opiates in his blood.

After a year in the Oklahoma County Jail, Atkinson said he cleaned up. He was offered a job as a cook at a friend’s restaurant and temporary housing at a non-profit ministry in east Oklahoma City that assists former inmates.

His wages are barely above minimum wage, so his $500 monthly rent is steep. Just as daunting are his court fees, fines and costs associated with reinstating his driver’s license.

“In Oklahoma City, everything is so spread out, you can’t survive without a car unless you can get someone to give you a ride,” he said.

John Atkinson checks on the cost of restoring his drivers license at an Oklahoma Department of Public Safety office in Oklahoma City.

Clifton Adcock / Oklahoma Watch

John Atkinson checks on the cost of restoring his drivers license at an Oklahoma Department of Public Safety office in Oklahoma City.

To restore his license, Atkinson must pay the following fees:

* $340 for reinstatement of the license, revoked because of the DUI.
* $375 for reinstatement of his license, suspended because of failure to appear on an outstanding municipal ticket for driving without insurance, incurred before the DUI arrest.
* $160 for a drug and alcohol assessment.
* $290 on each of two convictions of felony possession of drugs while operating a motor vehicle.
* $150 to $360 for a required DUI course.
* $75 per month for an ignition interlock device, which prevents the car from starting if alcohol is detected on the driver’s breath. The payments will last 18 months, totaling $1,350.

In all, Atkinson will owe about $3,000 to fully reinstate his license.

Other Costs

Additionally, Atkinson must continue to pay a monthly district attorney assessment of $40 a month for 24 months, totaling $960. His court costs and fines will add about $2,000, bringing the overall total to more than $6,000.

The interlock requirement bewilders Atkinson. He was a heroin addict, he said, not an alcoholic, and insists he was not drinking the night he was arrested. His refusal of the blood test triggered the requirement.

“If they had a breathalyzer device that detected heroin in my system, OK. But I’ve never had a drinking charge. I don’t drink. I was a drug addict. I wasn’t a drinker. But they’re wanting to put a device in my car that all it does is tell if I’ve been drinking or not. I don’t understand that,” Atkinson said.

Krise said the law requiring the device was designed that way.

“That’s how the statute was written,” Krise said. “It doesn’t make a distinction (between driving under the influence of drugs or alcohol).”

John Hunsucker, an Oklahoma City DUI attorney, said the $75 “rental fee” is actually a workaround for a state law that caps certain monthly interlock-device fees.

“When the Legislature passed the law on the interlock, they were told they (offenders) would only be charged a $25-a-month maintenance fee,” Hunsucker said. “Well, they don’t charge a maintenance fee — they charge a rental fee.”

Hunsucker said the high costs of reinstating a license often push offenders to re-offend, in that they drive without a valid license.

“They (offenders) dig a hole they can’t get out of, basically,” Hunsucker said. “A lot of them can’t afford to get their license back. If they get a driving under suspension, that causes a further license suspension, plus more fines and fees … a revolving door at that point.”

Robin Wertz said she was “one day away” from selling drugs for to pay her fines when she got a call offering her a job.

M. Scott Carter / Oklahoma Watch

Robin Wertz said she was “one day away” from selling drugs for to pay her fines when she got a call offering her a job.

‘Provisional License’

In 2013, Brecheen and Rep. Pam Peterson, R-Tulsa, co-authored a bill that would allow those with suspended or revoked licenses to get a “provisional license” for $25 per month.

The license allows its holder to drive to a place of employment, religious service, court-ordered treatment or other limited locations. The money paid is applied toward outstanding costs owed by the offender.

Krise, the public safety counsel, said about 250 provisional licenses have been issued since Nov. 1, 2013, when the law took effect, adding that not many offenders know about the program yet.

Robin Wertz, a case manager at Oklahoma City’s Exodus House, a charitable residence home for released inmates, said one of the first things the charity does for offenders is help them get their driver’s licenses back. But it’s an expensive and lengthy process, she said. Finding a job or paying for necessities often trumps the risk of getting caught driving with a revoked license, despite house rules against driving without a license.

“How long is it going to take you save that and pay rent, and pay utilities, and food and everything else?” Wertz said. “So they just get a car and drive without it.”

  • Joe Edins

    Great journalism

  • Beverly

    This statement about the provisional license is not true. I know someone who lost their license similar to this and ask about a provisional license so they could drive to work only. He was told by DPS employees that there were no provisional licenses and he would have to wait a year before he could get his license back. They even tried getting an attorney to write a letter to DPS stating without a license, their client could not work. DPS would not budge and now that person had been out of work for almost a year and instead of being a working taxpayer, he is on state subsidized assistance for food, housing, and unemployment. Way to go Oklahoma. You put a taxpayer out of work and are now supporting him and his family. If the DPS would have offered help in getting the provisional license, this person would still be working on his construction job.

  • sue sneed

    they did the time way do they have to make it so hard on the ex yes the word is ex it just is not right to do that to them

  • jt mcclain

    Im living in this nightmare right now.. the system isnt designed to “help” anyone.. especially not convicted “criminals”.. it is designed to trap people and anyone who has ever been in this situation knows it.. its a money machine.. like they said.. a revolving door.. they will NOT give you a license to drive to work and back.. you either quit your job and go on welfare.. or drive illegal and risk adding YEARS to your suspension.. those are basically your options.. and now driving under suspension is no longer just a simple misdemeanor.. they will be putting these people in jail for this.. and dont get me started on interlock companies. . They are theives.. they prey on people in bad situations.. its easy to sit back and say do the crime do the time.. this is beyond that.. this is destroying lives.

    • Andrew Turner

      Get a bike, no interlock device. When i got out of prison april 30, 2009, i lived with a girl that ended up getting back into drugs. the best scenario was for me to leave but i had no where to go. the prison i was in was no where near home. i was living in a broke down s10 blazer, walking to work, paying to take showers at the pilot (truck stop) until i finally got my blazer fixed and relied on family to live with. fast forward 6 years, i now live in a $275,000 house i have a great career, wife, and daughter. i busted my ass to get what i have and many times it seemed the “system” tried to prevent me from succeeding. take it on the chin and find a way around. im currently trying to open a business that i can drive around and pick up workers, felons or not, and put them to work. i want to target people in your situation that have difficulties getting licenses. and by me picking people up, they will be on time, no excuses. im a firm believer on second chances and i have found many other employers feel like myself. keep your head up, you can get through.

  • pc

    Maybe this will make people think before you go out and break laws. It’s part of the consequences of not going out and being an productive person to society. Great story. I understand what they are going through because my Dad was in the pen. 3 times but he finally got out and made it through .so think before you decide to be a criminal .it’s very costly in more ways than you know. I tell my kids the decisions you make today may form the rest of your life!

    • Matt

      You are an idiot. First of all, go back to school and learn how to spell and write a proper sentence. Second, many people have a few drinks and drive. Ever been out at 2 AM on the weekend? Does this make everyone a criminal? And the point of the story is this often MAKES people unproductive members of society because they cannot drive to WORK. Can you not read and comprehend either?

      • Andrew Turner

        Sorry to break it to you, all those people out at 2am that have been drinking are criminals if they cant pass field sobriety test. Despite popular belief, you do not have to have a car to get to work.

        • Tom

          Yeah, I’m sure you would enjoy walking 10 or 20 miles to work and back! Not all areas in Tulsa County are covered by the bus routes. And, Tulsa Transit doesn’t run 24/7.
          I would have to agree with Matt, Andrew and pc are idiots.

  • Neal Johnson

    I called the Development of public safety and they told me that i didn’t Quality for the provisional driver license because i have a drug charge

  • My name is Neal Johnson and I checked off into this peripheral vision driver’s license deal and they told me that I did not qualify. I don’t understand why. I’m an ex-offender felon trying to get my drivers license back. I cannot afford to pay a $925 reinstatement fee. I thought this was supposed to help people like me

  • Neal Johnson

    I really need help and getting my driver’s license back I’m an ex offender and I don’t understand why I can not give one of these peripheral vision driver license to where I pay $25 toward my reinstatement fee I will be able to drive back and forth to work I really can’t afford to pay $925 for reinstatement fee