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DWI (Driving While Intoxicated) Reduction Study, Volume 1 Summary

NCJ Number
104875
Date Published
1986
Length
48 pages
Annotation
This report examines the reasons why five sites were successful in eliminating or restricting charge reduction in drunk driving cases and outlines a step-by-step strategy for implementing a no-charge reduction policy.
Abstract
Charge reduction defeats the objectives of drunk driving legislation: defendants avoid sanctions, dismissals or convictions of lesser charges leave no record of alcohol involvement on the driver's record, and defendants factually guilty of the same offense are sentenced differently. This volume presents background information on the charge reduction problem and details this study's methodology, particularly site selection procedures. The five sites chosen were: Fort Smith, Ark.; Madison/Dane County, Wis.; Ventura County, Calif.; Baton Rouge, La.; and Chattanooga, Tenn. The study's findings address legal and personnel factors that contributed to success. The impact of the no-charge policy on the criminal justice system is analyzed. The report's final section presents two strategies for doing away with charge reduction -- legislation and prosecutorial policy. A seven-step plan for eliminating charge reduction is detailed. It cautions that followup on a charge reduction ban after it goes into effect is essential. Materials relating to site selection and a questionnaire used to guide site visits are appended. See NCJ 104876 for indepth site descriptions.