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NCJRS Abstract

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NCJ Number: 137127 Find in a Library
Title: Incapacitation Alternatives for Repeat DWI Offenders
Journal: Alcohol, Drugs and Driving  Volume:8  Issue:1  Dated:(January-March 1992)  Pages:51-60
Author(s): S M Simon
Date Published: 1992
Page Count: 10
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
Annotation: This paper addresses the implications of adopting a long-term, recidivist-based, felony DWI (driving while intoxicated) offense policy. A review of DWI recidivism and the involvement of repeat DWI offenders in alcohol-related fatalities in Minnesota is presented.
Abstract: Recidivism, actual injury, or death have been and are currently the jurisprudential basis for DWI enhancement statutes. Some commentators advocate an enhancement system based not on recidivism, but rather on alcohol concentration level or the degree of endangerment exhibited by the offender's driving conduct if there was no actual injury or accident. The primary legislative focus for enhancement purposes, however, continues to be the DWI offender's recidivism. Minnesota has been able to track its arrested or charged drinking driver population since 1976. Less than 1 percent of all drivers who are identified as drinking drivers via the administrative license revocation process for refusing or failing the alcohol concentration test are successful in challenging that revocation. Minnesota also performs alcohol concentration tests on over 80 percent of drivers killed in traffic accidents. Of 3.13 million people in Minnesota who had driver's licenses in 1988, 247,711 or 8 percent had one or more DWI-related incidents on their record. DWI recidivism in Minnesota showed an increase from 1980 to 1988. In 1984, 24.6 percent of drinking drivers involved in fatal crashes had one or more alcohol-related incidents on their record; this percentage increased to 34.4 percent in 1989. Economic and space limitations on the use of prison for repeat DWI offenders are discussed as well as incapacitation alternatives for repeat DWI offenders. An alternative sentencing program for repeat DWI offenders in Anoka County, Minnesota, is described. An addendum to the paper notes incapacitation policy alternatives for repeat DWI offenders. 12 references and 5 tables
Main Term(s): Alternatives to institutionalization; Driving Under the Influence (DUI)
Index Term(s): Alcohol consumption analysis; Drunk offenders; Minnesota; Recidivism
Note: Paper presented at an International Symposium on Problems with DWI Arrests, Convictions, and Sentencing, 1991, Santa Monica, California
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