Drunk driving is a tough problem to root out. Despite reductions in recent years, it still causes thousands of preventable deaths every year.
Yet another aspect of the problem is the risk of being harmed by a drunk driver varies so much from area to area. The criminal consequences that drunk drivers face depend not only on which state someone is driving in, but on which area of that state. These drunk driving disparities are the focus of this article.
Federal Data on Fatal Crashes
According to the National Highway Transportation Safety Administration (NHTSA), more than 10,000 lives were lost in 2009 due to alcohol related fatal accidents. In fact, drunk driving fatalities accounted for nearly a third of all traffic deaths on America's roads. Drunk driving accidents are the leading cause of death for young people, and one person is killed in such accidents every 50 minutes in the United States.
Even with the data showing how hazardous impaired driving can be, states take vastly different approaches to punishing offenders. New York recently adopted Leandra's Law, enacted in 2009 in response to increasing fatalities due to drunk driving accidents. Leandra's Law strengthened the penalties for misdemeanor and felony DWI offenses. It also requires those convicted of DUI to install interlock devices (IID) in their vehicles for a specified period of time (between six months and three years). These provisions apply even to first time offenders, and a number of states have followed suit in requiring IID's.
Some states require jail time for first time offenders. Arizona, Arkansas, Tennessee and Georgia require at least one day in jail. Other states, such as Texas, Colorado and Utah, can impose jail time, but offenders usually opt for community service or probation in lieu of time behind bars.
However, in Wisconsin, drunk driving is treated as a civil infraction that is punishable by a fine of $150-$300 (plus an OWI surcharge of $365 imposed by statute). While it is an expensive mistake, jail time is not considered unless a person has a prior drunk driving conviction within the last 10 years.
Why So Much Disparity?
So the question is, why the disparity in punishments?
The answer could be in the cultural norms that dictate how justice is delivered in a particular state. Alex R. Piquero, a criminology professor at the University of Texas-Dallas, points out that courts exercise a great deal of discretion in sentencing people. He also said that without a national standard, many differences will be seen because people view such a crime differently. Essentially, some communities may see DUI as an unacceptable problem that should be dealt with harshly, while others believe it is evidence of larger social issues and find it necessary to treat the problems that led to the DUI.
The latter approach has given rise to DUI courts (sometimes called DWI courts) in some jurisdictions. These courts take roughly the same approach to drug courts in that they focus on substance abuse intervention, treatment and preventing recidivism. They recognize that most hard core offenders are alcoholics, so policies are geared toward responsible treatment of alcoholism.
Currently there are only about 90 DUI courts across the nation. The DUI court in Dane County, Wisconsin targets repeat offenders with a BAC of .20 or higher. Through this program, they will spend two weeks in jail followed by two years of intensive probation. Social workers and probation officers will monitor their sobriety though urine tests, electronic alcohol monitoring systems and ignition interlock devices. All participants are evaluated by mental health professionals who can provide personalized treatment programs. If they follow all recommendations, they can stay out of jail.
Jailing first time offenders has no real effect unless used as a tool to enforce compliance with other directives, says James Fell, senior program director for the Alcohol, Policy and Safety Research Center in Maryland. In issuing sentencing guidelines, the National Institute on Alcohol Abuse and Alcoholism indicated that "as a specific deterrent, jail terms are extremely costly and no more effective in reducing (drunken-driving) recidivism."
With states facing budget deficits and jail populations being a continuing problem, many legislatures believe that making a point through the pocketbook is more effective than incarceration.
These states should be giving more thought, however, to the effect that such decisions have on the risk of motor vehicle accidents.
Your Specific Situation
If you have been injured in an alcohol-related crash, or someone in your family has been injured or killed, contact experienced personal injury attorneys, Aiken & Scoptur, S.C.
