Description of Current DWI/OWI Offense

Cover Page

Technical Report

Technical Summary

Acknowledgements

List of Tables

Introduction

Study Sites

Observational Study

Focus Group Research

Conclusions

References

• Protocol
• Selection of Subjects
• Identification of Eligible Subjects
• Case Records
• Description of Subjects
• Subjects' Prior Driving Records
• Description of Current DWI/OWI Offense
• License Reinstatement and Subsequent Driving Record
• Results of Observations
• Travel During Suspension Period
• Travel During vs. After Suspension
• Factors Affecting Driving While Suspended
• Circumstances of Observed Travel'
• Case Examples

For all 57 Milwaukee subjects, the OWI arrest occurred in the year 2000. With one exception, all the Bergen County subjects were arrested in 2000; the other subject was arrested for DWI in 1997 and convicted in 2000. Table 3.3 provides additional information about the current DWI/OWI offense for subjects in both sites. Once again, differences between the two sites are apparent.

By definition, all subjects had been convicted of the DWI/OWI charge. However, more than one-quarter of the Milwaukee subjects initially had had a warrant for failure to appear at the arraignment, the judgment hearing, or a hearing to establish indigent status, or a warrant for failure to pay the judgment. (Despite any delay in the court's adjudication of these cases, the administrative license suspension took effect 30 days after the date of the offense.) Among the Bergen County subjects for whom the citation was available, none had a warrant. None of the driver abstracts for the Bergen County subjects indicated that the alcohol-related arrest was associated with a reportable crash, versus half the Milwaukee subjects. It should be noted that states' practices related to the reporting of crashes may vary.

Table 3.3: Observational Study Subjects: Current DWI/OWI Offense
	Percent of Subjects
	Milwaukee (n=57)	Bergen County (n=36)
Warrant for Failure to Appear
Yes	26.3	0.0
No	73.7	80.6
Not Available	0.0	19.4
Associated Crash
None	49.1	100.0
Property Damage	17.5	0.0
Non-fatal Injury	33.3	0.0
Plea Entered
Guilty/No Contest	100.0	77.8
Not Guilty	0.0	5.6
Not Available	0.0	16.7
Convictions for Other Offenses at Time of DWI/OWI
None	61.4	83.3
1	21.1	13.9
> 2	17.6	2.8
Days of Court Suspension
180	28.1	97.2
210	15.8	2.8
240	19.3	0.0
270	36.8	0.0
Type of Administrative Suspension
Test Failure (180 days)	78.9	----
Test Refusal (> 1 year)	8.8	----
Not Available on Driver Record	12.3	----

Seventeen percent of the Bergen County subjects were convicted of at least one other traffic offense committed at the time of the DWI/OWI arrest, versus 39 percent of Milwaukee subjects. In Milwaukee, 10 subjects (18 percent) were cited for at least one moving violation. Fourteen subjects (25 percent) were cited for driving while suspended, revoked, or without a license. However, only 3 of these citations resulted in a further suspension for driving while suspended or revoked. In Bergen County, 3 persons (8 percent) were cited for a moving violation, 2 persons (6 percent) were cited for driving while suspended, 2 persons (6 percent) were cited for having no liability insurance, and 1 person (3 percent) was cited for an illegal license plate. According to the driver abstracts, neither of the Bergen County subjects cited for driving while suspended received a further suspension for this offense.

Compared to the Bergen County subjects, a larger percentage of the Milwaukee subjects received a court suspension longer than the minimum six-month period (3 percent vs. 72 percent). Based on the driver abstract information pertaining to the administrative suspension, 5 Milwaukee subjects (9 percent) refused to submit to the alcohol test. In Bergen County, there was no indication on the driver abstracts, citations, or conviction records that any of the subjects had refused the test.