Laws that Address the Repeat Intoxicated Driver
Many States have enacted laws focusing on the repeat intoxicated driver. States generally impose on repeat intoxicated drivers one or more of the following requirements:
- Licensing Sanctions: Most States suspend or revoke the license of repeat intoxicated drivers for a longer period than they do for first offenders.
- Vehicle Sanctions: Some States impound or immobilize the vehicles of repeat intoxicated drivers; while other States require an ignition interlock system be installed on the offender’s vehicle (which prevents a vehicle from starting if the driver’s blood alcohol concentration is above a pre-determined threshold).
- Addressing Alcohol Abuse: Most States require that repeat intoxicated drivers be given an alcohol assessment to determine their degree of alcohol abuse and/or undergo appropriate treatment.
- Mandatory Sentencing: Most States impose a mandatory minimum imprisonment and/or a community service sentence on repeat intoxicated drivers.
Effectiveness of Repeat Intoxicated Driver Laws
Research has shown that driver-licensingsanctions have a significant impact on the problem of impaired driving. Licensing sanctions imposed under State dministrative licensing revocation systems (not the criminal justice system) have resulted in reductions in alcohol-related fatalities of between 6 and 9 percent. According to a NHTSA study, Illinois, New Mexico, Maine, North Carolina, Colorado, and Utah experienced significant reductions in alcohol-related fatal crashes following enactment of administrative license revocation procedures. The studies support the notion that license sanctions deter repeat DWI offenders from driving. Although many repeat intoxicated drives continue to drive without a license after their license has been revoked, studies have shown that those who do drive tend to drive less frequently and more carefully.
A variety of vehicle sanction programs have been also used successfully to deter repeat DWI offenses. California’s vehicle impoundment program resulted in substantially fewer subsequent offenses, convictions, and crashes for repeat offenders involved with the program (which included non-DWI offenses) compared with another control group of repeat offenders. A study of interlock devices in Maryland found that participation in an interlock program decreased the risk of DWI recidivism by 65 percent. These programs are successful because they prevent many repeat DWI offenders from driving by either separating them from their vehicles or requiring them to be alcohol-free when they drive.
A "DUI Court," modeled after the Drug Court model, is being evaluated in Maricopa County (Phoenix) Arizona. The evaluation involved the assignment of repeat offenders, after serving 3 months of hard jail time, to either a special DUI Court, or to a traditional probation services. The DUI Court is a special form of intensive intensive supervision that involves both the judge and the local probation department that provides close supervision of offenders. Completion of this study, jointly funded with the Department of Justice, is expected in 2004.
