Evaluation of Enhanced Sanctions for Higher BACs: Summary of States\u2019 Laws

NHTSA - Behavioral Safety Researchhttps://doi.org/10.21949/15255002001PDFResearch PaperMcCartt, Anne TaylorPreusser Research Group, Inc.United States. Department of Transportation. National Highway Traffic Safety AdministrationUnited States. Department of Transportation. National Highway Traffic Safety AdministrationUnited StatesBlood alcohol levelsDrunk drivingSanctionsState lawsPenaltiesCourtsImpaired drivingAlcoholDOT-HS-809-215NTIS-PB2001105395DTNH22-98-D-45079Berning, AmyTwenty-nine states have a stature, regulation, or rule that provides for additional or more severe sanctions for driving under the influence (DUI) offenders with a "high" BAC. States vary in terms of the high-BAC threshold, which ranges from .15 to .20%, and the types, severity, and complexity of sanctions. Types of high-BAC sanctions include limitations on plea reductions or deferred judgments; driver-based punitive sanctions (jail, electronic home monitoring, community restitution, fines, license suspension/revocation); vehicle-based punitive sanctions (ignition interlock, administrative plate impoundment); and alcohol treatment/education. Highway safety offices in all states with such sanctions were contacted. Most reported few problems with implementing high-BAC sanctions and believe the sanctions have had a positive impact on the state's DUI system. Concerns and problems that were noted include: 1) high-BAC sanctions may further complicate an already complex DUI system; 2) high-BAC sanctions may increase the number of BAC test refusals; 3) courts and/or prosecutors may allow high-BAC offenders to plead to a lower charge and, thus, evade the enhanced penalties; 4) courts may view the enhanced penalties as onerous and, thus, fail to impose the penalties; and 5) concerns about jail overcrowding or increased incarceration costs and the limited availability of treatment programs in some areas may hinder the effectiveness of these sanctions. These issues will be addressed in the second stage of the study, an in-depth evaluation of high-BAC sanctioning programs in selected jurisdictions. /Abstract from report summary page/129