Penalties Imposed

Cover Page

Technical Report

Technical Summary

Acknowledgements

List of Tables

Introduction

Study Sites

Observational Study

Focus Group Research

Conclusions

References

The reported fines and fees varied considerably from case to case in Milwaukee. In the absence of aggravating circumstances, the fine typically was between $600 and $700. In cases involving a crash or the transportation of a passenger less than 16 years of age, the fine was approximately double this amount. All Milwaukee participants paid $180 for an alcohol assessment and $110 for the Group Dynamics alcohol safety class. As recruiting was done exclusively in Group Dynamics classes, and only "irresponsible drinkers" guilty of a first offense are assigned to these classes (rather than other offenders who are determined to have a more serious alcohol problem), none of the focus group participants was required to pay for further treatment..

Most Milwaukee participants received a six-month license suspension, although a few suspensions were longer, extending up to a maximum of nine months. Those who received longer suspensions could not explain why. The two participants whose fines were doubled received only six-month suspensions, although they had expected that their suspensions also would be doubled.

Milwaukee participants reported that the impact of higher insurance rates is generally felt right away. Most participants' policies were cancelled by their existing insurance carriers after the OWI conviction, and they could obtain insurance coverage only at a cost almost twice the amount they had been paying. Even with increased premiums, however, insurance was relatively inexpensive in Wisconsin, when compared to New Jersey. Most Milwaukee participants mentioned increases in premiums of less than $1,000 a year.

Text Box: Stories of Arrests in Milwaukee A Milwaukee woman in her mid-30s, who described her occupation as “housekeeper,” was arrested for OWI after she drove into a brick building. At the time of her arrest, she was already suspended for a non-traffic-related drug offense that occurred five years earlier. For the current OWI offense, she had been at a party, and everyone else had drunk so much that they passed out. She decided to drive someone else’s car, and she believed that her lack of recent driving experience and her inexperience with a “stick shift” contributed to her inability to control the vehicle. She was ejected through the windshield of the car but suffered only cuts and bruises. Due to her medical condition and drug history, she was arrested, taken to the hospital, and then kept in jail overnight on suicide watch. Her BAC was .25. ******************** The plan for a 26 year-old assistant store manager’s evening was to attend the Milwaukee Bucks game with a few friends. As it turned out, the group was a few tickets short, and he spent the evening in a sports bar watching the game on TV. It was not the first time he had been stopped for drinking and driving, but it was his first arrest. He had “walked the walk” several times in college, but believed he was not arrested because he was known to police officers as a college athlete. His efforts to stay off well-traveled routes and to avoid driving by the police station close to his home did not help this time. He was only five blocks from home when he was pulled over. His BAC was .13.

New Jersey participants reported that a conviction for Driving While Intoxicated (DWI) resulted in substantial financial penalties, penalties that were generally much higher than those in Milwaukee. DWI court fines appeared to fall within the same range as those in Milwaukee, although some New Jersey participants paid up to $1,500 in fines, including fines for associated offenses such as refusal to submit to an alcohol test. In addition to the court fines and other fees, New Jersey imposes an insurance surcharge of $1,000 a year for each of the three years following the first DWI offense. The surcharge is paid to the state but does not affect the offender's own insurance premiums, which also increase substantially following a DWI conviction. Most focus group participants did not know how much their car insurance premiums would increase because they will not need to show proof of insurance until they renew their vehicle registration. One participant was told he would have to pay $6,700 per year to replace coverage that used to cost $2,400; even minimum coverage for him will cost $2,600

The New Jersey participants also explained that they must pay $150 for the Intoxicated Driver Resource Center (IDRC) course and a $150 license restoration fee. Additional treatment was ordered by the IDRC for many participants. One participant was required to attend a 16-week program that will cost $640. Others were required to attend Alcoholics Anonymous meetings for protracted periods of time, under the threat of additional license suspension.

Almost all New Jersey participants were given a six-month license suspension for the first-time DWI offense, including those offenders who had refused to submit to the alcohol test. The refusal to submit to the alcohol test can result in an additional six-month license revocation. However, it was reported that the conventional wisdom among offenders is that this additional penalty can be avoided by hiring a lawyer to persuade the court to dismiss the separate charge for the test refusal.

 

Text Box: One Set of Penalties in Bergen County Originally threatened with thousands of dollars in fines, 45 days in jail, and a one-year license revocation, a 38 year-old project director for a cosmetics company retained a lawyer at a cost of $1,900, money she considered well spent. She had crashed into the rear of a car that stopped short in front of her as she drove home from dinner with her boss. With a BAC of .12, she was charged with reckless driving and assault with a motor vehicle, in addition to DWI. After viewing the videotape of her field sobriety test, the lawyer advised her to plead guilty to the DWI and successfully fought off the other charges. In the end, her penalties for DWI included about $400 in fines, $150 for the IDRC program, $1,000/year insurance surcharge for three years, and a six-month license suspension. Additional costs will be incurred to obtain insurance and reinstatement of her license.