U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

Mandatory Minimum Sentences: Arizona's Ineffective Tool for the Social Control of Driving Under the Influence

NCJ Number
186467
Journal
Criminal Justice Policy Review Volume: 11 Issue: 2 Dated: June 2000 Pages: 113-135
Author(s)
Henry F. Fradella
Date Published
June 2000
Length
23 pages
Annotation
This study examines the legislative history of Arizona’s driving-under-the-influence (DUI) laws from 1975 through 1995 and the corresponding changes in the State’s DUI arrest rate during the same period.
Abstract
In the past 20 years, the social construction of DUI as a social problem has caused changes in both formal and informal social controls over the DUI offender. Imposition of mandatory minimum sentences for DUI offenders is one of the more popular tools of formal social control. In Arizona during the period 1975-1995, a statistically significant decrease in DUI occurred as a result of the implementation of informal social controls. However, ever-increasing criminal sanctions, including imposition of mandatory minimum sentences for first-time offenders, have had little or no effect on DUI behaviors in the State. The study concludes that mandatory minimum sentences are ineffective at controlling DUI because they fail to place the offense in context with respect to the intended deterrent effect of such sentences because of the irrational nature of the behavior in question. The study suggests, as an alternative, sentencing policies that examine the severity of the offense, perhaps from the amount of harm caused and the sociopsychological status of the offender. Table, figures, note, references