California is considering legislation to require DUI offenders to use special license plates that brand them as convicted criminals.
Ohio, Minnesota and Iowa already have laws requiring DUI offenders to display license plates that immediately signify their transgression. The concept behind this punishment goes back to the "Scarlet Letter" idea: forcing a person to face the judgement of a community of peers each day is much worse than forcing that person to face the judgement of a courtroom for just one day.
This type of punishment is meant to be a deterrent as well as to help officers take notice of potentially dangerous drivers. This second part is where the question of personal rights really comes into play. Theoretically, criminal sentences are designed in the United States so a person can serve time and penalties in accordance with the crime committed. Once that sentence has been fulfilled, a person is supposed to be able to carry on with life as usual.
In this case, a person would be routinely targeted by police officers for a past transgression. The theory behind this is that DUI offenders are often habitual. Particularly in those with alcohol abuse problems, repeat DUI offenses are not uncommon. In fact, many offenders will fulfill an entire sentence, get back on the road drunk, and cause destruction or - worse- death.
The use of a Scarlet Letter concept for DUI offenders is not unlike Megan's Law for sexual predators. Those convicted of a sex crime must warn a community where they are living; child sexual predators may also have restrictions on living close to places where children gather. In one community in Florida, convicted sex offenders were forced to live underneath a causeway because it was the only location that kept them at an appropriate distance from children.
While there are many sexual predators who have patterns of behavior that make them dangerous, not all sex offenders are violent criminals. Some persons may be convicted for a sex crime for urinating in public, or for having consensual sex with a person only 2 years younger than them. These persons are punished by the same laws that force them to carry their status as sex offenders with them throughout the remainder of their lives.
Just as there are varying degrees of sex offenders, there are varying degrees of DUI offenders. Some may be habitual violators with problems avoiding alcohol or making responsible decisions. Others, however, are just people who have one lapse in judgement. One case reported on through this site just yesterday showed a man who received a DUI for riding a toy motorcycle through a vacant lot at 4 mph.
Does this man need a special license plate when he drives to work or a client meeting?
The concept of a Scarlet Letter punishment comes from a novel about 17th century Puritanical Boston. Our nation has advanced well-beyond the belief a person should be cast out of the community for committing a transgression against the norms of that society.
Before voting on this type of legislation, representatives should consider whether it is in contrast to the basic principle that a person can serve a just sentence then move forward with life. They should also consider how the gray area of who would be required to use the plates would be answered.
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