Legislative Buzz:

LAWMAKER WOULD GIVE DRUG, ALCOHOL TESTS TO MINORS WANTING DRIVER'S LICENSES

ANNAPOLIS -- A Democratic lawmaker wants to drug test all driver's
license applicants under 21 and vows to "fight like a tiger" to push
the legislation, which he hopes will save lives.

But opponents say the policy is unconstitutional, ineffective and
prohibitively expensive.

The legislation, introduced by Delegate Marvin E. Holmes, Jr. of
Prince George's County, would require the Motor Vehicle
Administration to test the breath and blood of driver's license
applicants under 21 for alcohol and controlled substances. A positive
test would result in the suspension of driving privileges for six
months, although the applicant would be entitled to a hearing.

About 65,000 individuals under 21 applied for driver's licenses in
Maryland in 2007, according to the bill's fiscal policy note, which
estimates an annual cost increase of at least $945,500 in the first
year and more than $1.2 million annually by 2010.

Holmes said he was spurred by reports of drunk driving and youth drug
abuse in his district.

According to the National Highway Traffic Safety Administration,
3,467 drivers age 15 to 20 were killed nationally in 2005. Of those,
28 percent had been drinking.

Holmes plans to revise the bill in light of criticism it received
Tuesday at a House Environmental Matters Committee Hearing.

John Kuo, administrator for the Maryland Motor Vehicle
Administration, said the policy could lead to severe customer service
delays and pose "very serious operational problems." The MVA would
have to equip its locations with drug testing equipment and
additional personnel at an enormous cost.

"The intent of the bill is good and we need to remove more people who
have drugs or alcohol in their systems from our roadways," said 1st
Sgt. Tom Woodward of the Maryland Department of State Police, who
also testified in opposition. "It's just the logistics that are going
to be a problem."

Woodward said that because of the level of evidence required and
other legal issues, the testing might be defaulted to the state police.

"We don?t have the personnel or equipment to do that testing," he
said. "We're talking about tripling what we already do."

Maryland has no appropriate in-state blood testing labs, resulting in
a cost of nearly $150 per specimen in collection, shipping and
testing costs, he said.

The American Civil Liberties Union of Maryland denounced the bill in
written statements, writing that general drug testing is costly,
unconstitutional and has no proven effect on young people's drug use.

The Maryland Office of the Public Defender was also opposed, raising
concerns over positive results from legal alcohol consumption, such
as with family, and the confidentiality of test results.

They also wondered if the legislation could eventually lead to drug
testing driver's license applicants of all ages without probable cause.

Holmes said the original legislation was intended to drug test all
applicants, but he redirected it to target minors after
constitutionality issues were raised.

"This is an effort to help prevent young persons [who abuse drugs]
from getting driver's licenses in the very beginning," he said.