In applying for and receiving a valid driver's license, has a citizen waived any rights that are constitutionally protected? Which ones? Q2) Is the license evidence of a contract, or quasi-contract, between the licensee and the state? If so, are the terms of the contract the traffic statutes of A

STATE OF ARKANSAS OFFICE OF THE ATTORNEY GENERAL 201 EAST MARKHAM STREET f STEVE CLARK HERITAGE WEST BUILDING . (501) 371-2007 ATTORNEY GENERAL LITTLE ROCK, ARKANSAS 72201 oo OPINION NO. 86-117 sis a 7 tht April 29, 1986 Honorable Ron Fuller State Representative’ 10020 Rodney ‘Parham - West Suite D Little Rock, AR 72207 . ‘Dear Representative Fuller: This office is in receipt of your letter requesting an. opinion on the Following questions: , A citizen voluntarily applies for and receives a valid drivers license from the State of Arkansas. 1, ‘In doing so, has that citizen waived any of his- Tights that are constitutionally protected? - If ‘so, nn which rights have been waived? ee Dat. .- ~~ 2. Is that drivers license in substance a quasi-contract, or evidence of such a contract, between the licensee and the State of Arkansas? woBa ee If it is: such a contract,. is the term of. said “contract the traffic statutes passed by the ot , Arkansas Legislature? Ce ; in response to your ‘first question; ‘driving’ ‘on the’ rere -highways of this state: is a privilege. © See generally Ark, _ “Stat..Ann..$75-30], et seq. (Repl. 1979). “In choosing “t xercise ‘that: privilege. a citizen of the’ “State has not waived: any. of his. onstitutionally.. protected. rights. tn response. "to your second - and third. ‘questions; a.” drivers ‘license is not a quasi-contract or evidence of ‘stich’ * “a contract between the licensee and the State of. Arkansas, 7 2: cbut rather.a ‘tangible- indication that the driving privilege "has been extended. to that citizen. -It/also serves the ae -. s:purpose of a checkpoint to ensure that.a certain level of ©. proficiency: in handling an automobile is. possessed by” that ‘citizen prior to the operation ofthe vehicle on public’. “roads which would place’ in jeapordy the’ lives and property “of -other individuals. eed } The foregoing opinion, which I hereby approve, was , prepared by Assistant Attorney General Kay J. Jackson | Demailly. : Sincerely, lcm i f ; i STEVE CLARK * Attorney General : SC/KD/pw se