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Legislative and Constitutional Examination of "Abuse and Lose" Juvenile Driving Status

NCJ Number
137503
Journal
American Journal of Criminal Law Volume: 19 Issue: 3 Dated: (Spring 1992) Pages: 411-433
Author(s)
M S Vaughn; V E Kappeler; R V del Carmen
Date Published
1992
Length
23 pages
Annotation
Many States have passed statutes, as part of their drug prevention programming, to deter juveniles from abusing alcohol and drugs by revoking or suspending driving privileges.
Abstract
Nationally conducted social science research has proven that drivers between the ages of 16 and 24 are most likely to drink and drive. Motor vehicle accidents are the leading cause of death for teenagers in the U.S., and juveniles who use drugs or alcohol and drive have an even higher chance of being involved in a traffic accident. Missouri and Tennessee have both passed model "abuse and lose" statutes that permit the revocation of a juvenile's driving license upon conviction of an alcohol or drug-related offense. This article compares the teenage license revocation laws in 19 States and examines their constitutionality in terms of the due process and equal protection provisions of the fourteenth amendment. The authors conclude, based upon an analysis of the legislative histories, that these statutes are all based on a rational justification and legitimate State interest in protecting juveniles. 181 notes