Q: Many states allow for a digital driver license (DDL). I checked with Washington Department of Licensing (DOL) over a year ago when I read about Arizona’s program allowing DDLs, and their answer was that there were no plans. Even Louisiana, not commonly a leader in digital matters, has it, but Washington seems hesitant. Do you know if DOL has thought about implementing this?
A: Or asked another way, I can put my credit card, my insurance cards (both car and health), my vaccination card, and a boarding pass on my phone. Why can’t my driver license be there too?
I was asked a similar question nearly six years ago, and I predicted that in the near future Washington drivers would have the option of a digital driver license. At the time, a few states were pilot testing the idea, and with Washington consistently ranking high in the tech industry, I thought it wouldn’t be long before our state would offer a DDL. Turns out though, that what holds a state back from issuing digital licenses isn’t the technology, it’s the law (and a few other concerns).
Yes, DOL has thought about it, at least recently. And not just DOL; so have our legislators, which is where the process really begins. Our law has to allow digital licenses. I thought it might happen soon; during the last legislative session a bipartisan group of senators sponsored a bill to authorize digital driver licenses, but it didn’t get very far.
I reached out to Senator Mark Mullet, who introduced the bill. It turns out that the bill didn’t die from lack of interest; instead, the interest it generated prompted some important questions. In response, the legislature funded a workgroup to research on how to best implement a DDL program. The workgroup is seeking input from law enforcement, privacy groups, states that currently have digital licenses, and other stakeholders. All that research will result in recommendations that can make digital driver licenses a reality in Washington. The workgroup’s report is due in about a year; Senator Mullet anticipates that the legislature will be able to pass a digital driver license bill in 2025.
Putting a driver license on your phone isn’t as simple as taking a picture of your current license. Whatever system the state builds, privacy will need to be a key component. You know how when you show your friend a photo on your phone and they scroll, either accidentally or on purpose, to the next photo and you start worrying about what it might be? Consider getting pulled over and handing your phone to the officer instead of your physical license. You’d want to make sure that if the officer accidentally tapped the edge of the screen it wouldn’t reveal last night’s embarrassing (or incriminating) photos. Our phones contain a lot of information about us; showing our ID, whether to law enforcement, your bank, the liquor store, or anywhere else shouldn’t be an opportunity for someone to learn something about you that they don’t deserve to know.
As much as some people might want digital driver licenses now, it’s even more important that the system we create works for both the people that manage it and the people who are subject to it. To quote Senator Mullet, “The extra time and research being put into it between now and then will help make the program successful. Folks are going to have to wait a little longer than we hoped, but I think we’re going to see these digital driver’s licenses in the not-too-distant future.”
I would view this as merely a backup, in case you loose your driver’s license. You wouldn’t want this to be your primary source of identification, due to the possibility of your phone not working when needed, for any reason. So for me it would just be a backup in case I lost my physical license. Beyond that . . .
Just because you can do something with tech doesn’t mean you should. I had a short volunteer type stint working a card reader. With the exception of one woman who had so many cards I wondered whether they were actually hers or stolen, those dealing with Apple pay and such generally took much longer to get ready to pay. Once the device was ready it was fast, but the overall process slower. And for what? Avoiding using another form of tech–contactless credit cards? Not worth it, IMHO.
Then there are also the legal concerns. Handing your phone to an officer could be seen as consent for the officer to view the contents on the phone–even if the app locks them out. And any restrictions on that as part of an enabling statute wouldn’t impact federal law enforcement.
The only advantage I see is that a phone may be more easy to access than a wallet in your pocket. That could be important during a traffic stop.