Wyoming At Least One Year Away From Offering Digital Driver's Licenses

The State of Wyoming is at least a year away from offering digital driver's licenses after the legislature authorized the use in 2020. Currently 11 states allow digital driver's licenses on phones and some allow them on watches.

CM
Clair McFarland

July 14, 20245 min read

Digital Drivers license 7 14 24
(Cowboy State Daily Staff)

Wyoming is getting closer to accepting digital driverā€™s licenses, but it wonā€™t happen this year, says the stateā€™s transportation department.

ā€œFirst we need to modernize our technology involved in the driver services system, which is a pretty heavy lift,ā€ Jordan Young, deputy public affairs officer for the Wyoming Department of Transportation (WyDOT), told Cowboy State Daily on Friday.

A digital driverā€™s license is a driverā€™s license stored on oneā€™s phone or watch, rather than on card in a wallet.

Eleven states offer them currently, and those states are neither politically or geographically uniform. They are Arizona, Colorado, Connecticut, Georgia, Iowa, Louisiana, Maryland, Mississippi, Missouri, New York and Utah.

North Carolina last weekĀ announced plansĀ to join those states by next summer.

Florida recently suspended its digital driverā€™s license program, and says it is developing a better phone application to hold the licenses than the app it had been using. Some states use Appleā€™s Wallet app for the licenses.

Louisiana was the first state to offer a digital driverā€™s license in 2018, administered through its own app, LA Wallet. Gov. Jared Polis in neighboring Colorado made digital ID legal identification by an executive order in 2019.

But even if you live in a state that allows for a digital driverā€™s license, not all states or businesses will accept that as a legal ID, so most people may still have to carry a physical license with them.

Young said the Wyoming Legislature authorized WyDOT in 2020 to start accepting digital driverā€™s licenses, but the stateā€™s technology isnā€™t ready yet ā€“ and wonā€™t be for at least a year.

Even once the digital rollout starts, Wyoming drivers can still choose to use card licenses only, Young emphasized.

She said the licenses can be an extra proof of a personā€™s identity if the person loses his wallet.

Whether Iā€™m An Organ Donor

Sen. Chris Rothfuss, D-Laramie, envisions something bigger than just one driverā€™s license. Like a ā€œdigital identityā€ program administered by a secure and decentralized database.

The idea is that a person could choose which version of his identity to show depending on the setting.Ā Rothfuss co-chairs the state Legislatureā€™s Select Committee on Blockchain, Ā Financial Technology and Digital Innovation.

ā€œ(If) I want to go down to the grocery store and buy a six-pack of beer, theyā€™re going to ask me for my driverā€™s license,ā€ said Rothfuss, in a hypothetical.

The teller only wants to establish that the buyer is over 21, Rothfuss continued.

ā€œBut when I hand it to them, I also hand them my personal home address, my driverā€™s license number, a picture of me, and whether Iā€™m an organ donor ā€“ all sorts of other information they truly have no business knowing.ā€

The goal to hand over exactly what each teller or checkpoint needs to know but nothing more is a digital privacy concept called ā€œzero knowledge proof.ā€

With different license modes stored on one device, the digital identity holder could show a much more detailed version of his identity to a bank worker during a complicated transaction. He could show yet another version to a police officer during a traffic stop.

People may even be able to load their education credentials into their digital identity so that if those arenā€™t accessibleĀ at their education institution (in case of war or unrest)Ā they can still present them to a potential employer, Rothfuss said.

Rothfuss said his committee has been discussing some of these concepts but to pursue it, he saidĀ he would want to ensure that any digital identity data would be secure and decentralized, meaning, the information wouldnā€™t be stored on one centralized server that hackers would see as a giant honeypot.

ā€œIā€™d hope we donā€™t limit ourselves to (just driverā€™s licenses) because weā€™d be wasting an opportunity if we didnā€™t take advantage of all these other potential assets to protect the privacy and enable the people of the state of Wyoming,ā€ Rothfuss said.

Handing Your Phone To A Cop

Any legislation defining digital driverā€™s licenses should specify that handing oneā€™s phone to a police officer does not giveĀ the officerĀ consent to search the phone, according to Tyler Lindholm, former state representative and current Wyoming director of Americans For Prosperity.

ā€œI think if Wyoming were to move forward with an initiative like this it needs to be very clear and explicit in law: handing over your phone to let them see your driverā€™s license does not give them the ability to search your phone,ā€ said Lindholm.

Consent search issues with digital driverā€™s licenses havenā€™t been litigated in Wyoming because the state isnā€™t using the licenses yet.

But Jon Gerard, Lander-based defense attorney, said police officers canā€™t just go poking through someoneā€™s phone ā€“ even if theyā€™re holding it ā€“ unless something like probable cause flashes across the screen while theyā€™re looking at it.

ā€œNow, if a suspicious text message comes through while the officer is holding the phone, that may be considered something like ā€˜plain view,ā€™ā€ said Gerard. Meaning, evidence of a crime fell into an officerā€™s plain view and gave him the authority to search further.

If the officer searched the phone unconstitutionally, the defendant could ask a judgeĀ to rule the information inadmissible at trial.

But Then It Could Be A Good Move

Lindholm contemplated the prospect of a suspicious text coming through also. He said itā€™s not beyond reason that a police officer could misinterpret a text as suspicious that was merely murky. Ā 

It might also be wise to use an app that can present the driverā€™s license as a QR code an officer could scan, rather than having to hand over the phone at all, he added.

But with clear protections in place, digital driverā€™s licenses might be a ā€œgood move,ā€ Lindholm said.

Clair McFarland can be reached at clair@cowboystatedaily.com.

Authors

CM

Clair McFarland

Crime and Courts Reporter