DWI Sentencing Checklist
The table below summarizes the evidence concerning various DWI sentencing options that are discussed in detail in the text of this guide:
OFFENDER |
SANCTION |
EFFECTIVENESS |
COMMENT |
|---|---|---|---|
FIRST CONVICTION |
LICENSING |
||
Suspension/revocation |
Reduces alcohol-related fatalities 6-19% (administrative license revocation) |
One study showed it |
|
VEHICLE ACTIONS (FOR VERY HIGH BACs) |
|||
Impoundment/immobilization |
Reduces recidivism by |
Immobilization may be more cost-effective. |
|
Alcohol ignition interlocks |
Effective while on vehicle. |
Breath test failures in first few weeks are best predictor of recidivism. |
|
License plate impoundment |
Shown to be effective in MN. |
More cost-efficient than impoundment. |
|
ASSESSMENT AND REHABILITATION |
|||
Treatment as appropriate to problem |
Reduces recidivism by 7%-9%. |
Should be paid by the offender when possible. |
|
SENTENCING OPTIONS |
|||
Electronic monitoring Home confinement |
Effective alternative to jail. Reduces recidivism by 33%. |
Can be self-sufficient if paid by the offender. |
|
Fines |
No studies of effectiveness found. |
Sometimes used to pay for programs. |
|
MULTIPLE CONVICTIONS(Repeat Offender) |
LICENSING |
||
Suspension/ revocation (≥ 1 year) 30-90 days hard Remaining days on restricted license/ work permit |
No studies found on the effects of license suspension on repeat offenders. General deterrent effect of 6-19%. |
Studies indicate 50-70% of offenders continue to drive to some extent. |
|
VEHICLE ACTIONS |
|||
Impoundment/immobilization |
Reduces recidivism by 40%-70%. |
Immobilization may be more cost-effective. |
|
Alcohol ignition interlocks |
Reduces recidivism while on vehicle. |
Breath test failures in first few weeks are best predictor of recidivism. |
|
License plate impoundment |
Shown to reduce recidivism in MN. |
More cost-efficient than impoundment. |
|
ASSESSMENT AND REHABILITATION |
|||
Mandatory assessment of drinking problem and mandatory treatment. |
Reduces recidivism by 7%-9%. |
Should be paid by the offender when possible. |
|
SENTENCING OPTIONS |
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Electronic monitoring and home confinement. |
Reduces recidivism by 33%. |
Can be self-sufficient if paid by the offender. |
|
Intensive supervision probation. |
Reduces recidivism by 50%. |
Should be at least partially funded by the offender. |
|
Special DWI facilities. |
Reduces recidivism by 75%. |
|
|
Day reporting center. |
Integrates offender back into society. |
More cost-effective than jail. |
|
Fines, reinstatement fees. |
No studies on effectiveness found. |
Helps pay for costs of other sanctions. |
|
DWI court (e.g., frequent contact with judge; intensive supervision probation; treatment; random alcohol/drug testing; lifestyle changes; positive reinforcement). |
Some courts reporting reductions in recidivism by 50% or greater. |
Multiple funding sources available. NHTSA and the Bureau of Justice Assistance have a joint evaluation underway. |
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