Driving: A Right or Privilege?

By definition a Right is a claim or title such as the Bill of Rights and a Privilege is a right granted to all citizens upon proof of competence.

My observation is some Americans believe driving is their inalienable right.  At the age of 16 let’s say, they are entitled to drive and no matter what they do, the right to drive is theirs, good driving or not.  Regardless of what an individual does including endangering the safety of others, some believe they still maintain the right to drive.  Is driving a right or privilege?

Our rights as American citizens include the right to free speech religion, press, assemble, and petition, the right to keep and bear arms, the right to interdiction of reasonable search and seizures, the right to trial by jury in a civil case, and the list goes on.  No where does the Constitution give American citizens the right to drive a vehicle.  Granted when the Constitution was written, vehicles were otherwise known as horses.  And since then there been no amendments giving us the right to drive; therefore, driving is a privilege that is earned not simply given to an individual. 

Then where did the assumption come from that operating a vehicle weighing approximately 4100 lbs is a Right and all citizens regardless of proving ability should drive a vehicle?  Driving is a privilege we have to earn.  We have to take a vision test, written or knowledge test, and a driving test.  ALL three tests must be passed in order to be given the privilege of driving a vehicle.  So in theory and in practice, driving is not a Right but a Privilege we earn and maintain.

Let’s look at those individuals that drive under the influence of alcohol or other substance.  Ever had a few too many drinks and thought you were okay to drive and then wondered how you got home?  Admit it, most of us have.  I have.  Call it pride, ego, control or whatever but I thought I was fine.  I could handle the liquor.  Yeah right.  In addition to the reminder of the night before aka hangover, I could not remember how I got home.  For someone who prefers to be in control that was a wakeup call. 

I was fortunate in the sense that my bad decision to drive while intoxicated did not result in injuring myself or someone else nor was I stopped for a DUI.  The later was pure luck and I may not be as lucky if there were to be a next time!  We all make mistakes and we all make bad decisions.  But let me ask you, have you learned from your experience or do you keep repeating it?

There are those that are not so fortunate and have been arrested and convicted of a DUI Offense.  On the first offense, there are some states where you have the option to plead to a lesser charge and have the offense expunged from your driving record.  You may also have the option to obtain a restricted license, complete an alcohol education course, and/or install an ignition interlock device.  Jail time, may or may not be a factor as well.  An attorney specializing in DUI cases is your best bet to working our the best deal for you. 

As stated before, we all make mistakes and the court seems to take that into consideration when handing down the punishment for the first offense with the idea that the individual will learn from the mistake and nor further endanger the lives of others or themselves and take precautionary measures such as a designated driver.  BUT there are those individuals that do not learn from their mistakes and repeatedly make the same bad decision and on occasion injure themselves or others. 

At what point does society and the courts say enough.  That an individual has not proven themselves to be responsible enough to make sound decision concerning their driving privileges and alcohol and permanently take that privilege away.  Is driving a Right or a Privilege?

Recently, I came across writing from an individual that after 15+ DUI Offenses he believed he had the option to have his driving record expunged of any wrong doing and his license reinstated.  He obviously did not believe he had done anything wrong or that he had a problem.  It does not seem apparent that he has learned from the first dozen or so bad judgment calls.  He kept repeating the same behavior.  Was he expecting a different result? 

The definition of insanity is repeating the same behavior expecting different results.  But let’s give him the privilege to drive again and endanger responsible people.  Yup that sounds good!  NOT!!!  Evidently, he believes that driving is a right for him and not a privilege that he has abused.

In our lifetime, we will either be stopped for suspicion of a DUI, arrested for a DUI Offense or know someone that has.  When do we say enough to an individual that continues to make bad judgment calls and mix drinking and driving endangering you and your love ones?  Is driving a Right or Privilege?