The ACLU lawsuit challenged how states suspend licenses for unpaid fines
In 2015, the American Civil Liberties Union filed a lawsuit in federal court arguing that suspending driver's licenses for unpaid fines and court costs violates due process rights — specifically, that states were suspending licenses without giving people a real chance to explain they could not afford to pay. The case, Pugh v. Rainwater, focused on Alabama's practice of automatically suspending licenses when fines went unpaid, regardless of whether the person had the money to pay or faced genuine hardship.
The lawsuit did not challenge fines themselves or the right of states to collect them. Instead, it challenged the method: suspending a license without first determining whether the person could actually pay, and without considering alternatives like payment plans or reduced amounts for people in financial hardship. The ACLU argued this trapped people in a cycle — they lost their license, could not drive to work, fell further behind on payments, and faced deeper debt.
The case settled in 2018 with Alabama agreeing to change its suspension rules. Other states have since faced similar lawsuits or made voluntary changes to their own practices. However, the rules vary significantly by state, and the changes are still rolling out unevenly across the country.
Key Takeaways
- The ACLU case challenged automatic license suspension for unpaid fines without first determining whether a person could afford to pay.
- Alabama settled the lawsuit and agreed to hold a hearing before suspending a license, and to consider payment plans or hardship waivers.
- Other states have made similar changes, but the rules and timelines differ — some states still suspend licenses more readily than others.
- Even in states that changed their rules, you must request a hearing or payment plan yourself; the state does not automatically offer one.
- If your license was suspended for unpaid fines before these rule changes, you may be able to challenge the suspension or request a review.
What Alabama agreed to do after the settlement
Under the settlement agreement, Alabama committed to several specific changes. First, the state must hold a hearing before suspending a license for unpaid fines — not after. At that hearing, a person can explain their financial situation, ask for a payment plan, or request a waiver based on hardship. The state cannot straightforward suspend the license automatically when a fine goes unpaid.
Second, Alabama agreed to offer payment plans and hardship waivers. If you cannot pay the full amount at once, you can request a plan that spreads the payment over time. If you are in genuine financial hardship — unemployed, disabled, supporting dependents on very little income — you can ask for a reduction or waiver of part or all of the fine. The state must consider these requests seriously, not dismiss them out of hand.
Third, the state agreed to notify people in writing before any suspension, giving them time to request a hearing. This means you should receive a letter explaining what you owe, when the suspension will happen, and how to ask for a hearing before that date.
Which other states have made similar changes
After the Alabama settlement, other states began reviewing their own suspension practices. Some states, including Georgia, Illinois, and New Mexico, have passed laws or changed administrative rules to require a hearing or payment plan option before suspending a license for unpaid fines. However, the details vary widely — what counts as "hardship," how long you have to request a hearing, and whether the state actively notifies you all differ.
Other states have not made formal changes but have faced lawsuits or pressure from advocacy groups. A few states still suspend licenses relatively quickly for unpaid fines, though most now require some form of notice and opportunity to respond. You need to check your own state's current rules, because the landscape is still shifting.
The federal government has not mandated a single national standard. The ACLU case applied only to Alabama, and while it set a legal precedent that other courts have cited, each state makes its own decisions about how to handle unpaid fines and license suspension.
How to learn about your state has changed its rules
Start by contacting your state's Department of Motor Vehicles directly — call the main number or visit the website and search for "unpaid fines" or "suspension for debt." Ask specifically whether your state requires a hearing before suspending a license, and whether payment plans or hardship waivers are available. Write down the name of the person you speak with and the date, in case you need to reference the conversation later.
You can also contact your state's legal aid office or a local law clinic. These organizations often track changes in suspension rules and can tell you exactly what your state requires. Many also offer free or low-cost help if you need to request a hearing or negotiate a payment plan. Search online for "[your state] legal aid" or call 211 to find a clinic near you.
If you believe your license was suspended unfairly — for example, if you were never given a hearing or a chance to explain your financial situation — you can file a written request to have the suspension reviewed. The process and timeline depend on your state, but most states have an administrative appeal process. Legal aid can help you file this request.
What to do if your license is currently suspended for unpaid fines
Do not ignore the suspension or assume it is permanent. Take these steps in order. First, find out exactly what you owe — call your state DMV or the court that issued the fine and ask for an itemized list. Make sure you know the original fine amount, any penalties or interest added, and the current total. Ask whether the debt has been sent to a collection agency.
Second, request a hearing if you have not had one. Most states require you to ask for this in writing, usually within a set time frame (often 10 to 30 days from the suspension notice). Send a letter to the address listed on your suspension notice, or call the DMV to ask where to send it. In the letter, state that you want a hearing to discuss your financial situation and ask about payment options. Keep a copy for your records.
Third, ask about payment plans or hardship waivers at the hearing, or in writing if your state allows you to request these without a hearing. Explain your income, expenses, and why paying the full amount at once would cause hardship. Be specific — mention job loss, medical bills, childcare costs, or other concrete reasons. States are more likely to work with you if you show you are trying to resolve the debt, not ignoring it.
If you cannot afford to pay even with a payment plan
Some states allow community service in place of payment for fines, though this is less common than payment plans. Ask your state DMV or the court whether this option exists. You would perform unpaid work for a government agency or nonprofit, and the hours completed would reduce or eliminate the fine. This takes time but does not require money upfront.
Another option is to request a hardship waiver or reduction based on your income and expenses. If you are below the poverty line, receiving public benefits, or supporting dependents on very little income, you have a stronger case for a reduction. Bring documentation — pay stubs, benefit letters, proof of expenses — to support your request. Some states will reduce the fine by 25 to 50 percent if hardship is documented.
If you still cannot pay after exploring these options, ask whether your state allows installment plans with very small monthly amounts — sometimes as low as $25 or $50 per month. A long payment plan is better than a suspended license, because you can keep driving while you pay. Once you have a plan in place, your license should be reinstated.
How to reinstate your license after paying or reaching an agreement
Once you have paid the fine in full, reached a payment plan agreement, or had the fine reduced or waived, you must request reinstatement of your license. Do not assume the suspension will automatically lift. Contact your state DMV and ask what you need to do. Most states require you to submit proof of payment or a copy of the payment plan agreement, along with a reinstatement fee (usually $50 to $150, depending on the state).
Some states process reinstatement when ready once they receive proof of payment. Others take a few business days. Ask for a timeline when you submit your request. If you need to drive before the reinstatement is complete, ask whether the DMV can issue a temporary permit or letter confirming that you have paid and are waiting for the official reinstatement.
Keep copies of all documents — payment receipts, payment plan agreements, hardship waiver letters, and the reinstatement confirmation. These protect you if there is a dispute later about whether your license is actually valid.
Frequently Asked Questions
Does the ACLU case mean I do not have to pay my fines?
No. The case does not eliminate fines or the obligation to pay them. It only requires states to hold a hearing and consider payment plans or hardship waivers before suspending your license. You still owe the fine, but you have the right to explain your situation and ask for options before losing your license.
What if my state has not changed its rules yet?
Contact your state legal aid office or a local advocacy group — they may be working on a lawsuit or legislative change in your state. In the meantime, if your license is suspended, request a hearing anyway and explain your financial hardship. Some judges or hearing officers will consider your circumstances even if the state has not formally changed its rules.
Can I get my license back if it was suspended years ago for unpaid fines?
Yes, but you will likely need to pay the original fine plus any penalties and interest that have accumulated. Contact the court or DMV to find out the current amount owed. If the debt is very old, ask whether the statute of limitations has passed — in some states, the right to collect a fine expires after a certain number of years. Legal aid can help you research this.
If I set up a payment plan, will my license be reinstated when ready?
Usually yes, but it depends on your state. Once you have a written payment plan agreement in place, ask the DMV when your license will be reinstated. Some states reinstate it the same day; others take a few business days. Ask for a timeline and a confirmation letter you can carry while you wait.
What if I cannot find the original fine or court case?
Call the court in the county where you received the ticket or citation and give them your name and driver's license number. They can look up the case, tell you what you owe, and explain your options. If the case is very old, ask whether it is still active or whether the debt has been written off.