Sanctions

As noted in the sentencing section, the objectives of sanctions include punishment and deterring future offenses. This section divides sanctions into two broad categories:

• Driver-based sanctions, such as licensing suspensions, incarceration, supervisory programs and victim impact panels; and
  
  
• Vehicle-based sanctions, including ignition interlock devices, license plate seizure, vehicle impoundment, vehicle immobilization and vehicle forfeiture.

Included here are sanctions identified as critical tactics in the web to combat hardcore drunk driving. They are most effective when used in combination with each other and in conjunction with effective treatment.

Graduated Sanctions Based on Number of Offenses. The most common means of identifying and punishing hardcore offenders is by determining repeat offenses. Multiple convictions with increasing sanctions and rehabilitation requirements are strong indicators of hardcore behavior — repeatedly driving drunk and being highly resistant to change. The vast majority of states treat repeat drunk driving more severely and have statutory provisions for graduated penalties based on number of offenses. States differ, however, as to how long they maintain records on repeat offenses and the timeframe applicable to be considered a repeat offender.

Almost all states have graduated penalties based upon prior convictions, and 31 states, plus Washington, D.C., and American Samoa, have graduated penalty systems based on blood alcohol concentration (BAC) at the time of arrest. The severity of the penalty increases with BAC, and sanctions are the most severe for multiple offenders. The system recognizes that drivers with high BACs — most often defined as .15 and above — warrant stiffer sanctions because they are more dangerous on the highway and may also be more likely to repeat the behavior. Plus, many treatment professionals associate a high BAC at arrest with a higher likelihood of alcohol abuse. The primary objective of strong sanctions for high BAC offenders is to reduce recidivism by increasing the certainty and severity of punishment and by reducing loopholes in the system. (McCartt and Shabanova 2002).

States’ high BAC sanctioning systems vary greatly, with enhanced sanctions including:

• longer or more intensive alcohol education or treatment;
  
  
• limitations on plea reductions or deferred judgments;
  
  
• driver-based punitive sanctions such as license suspensions;
  
  
• vehicle-based punitive sanctions such as ignition interlocks; and
  
  
• courts’ consideration of a high BAC in sentencing as an aggravating or special factor (McCartt 2001).

In a few states, there are no graduated penalties based on BAC, but first offenders with a high BAC must have an alcohol assessment or they can be precluded from programs oriented to less dangerous offenders. Research suggests an effective policy is to treat first-time offenders with extremely high BACs (.20 or higher) as hardcore offenders relative to sanctions, fines, treatment and rehabilitation. Two reasons are cited for this: first, the risk of a crash is much greater at high BACs; and second, driving with an extremely high BAC may indicate the driver has developed a high alcohol tolerance, which also may be an indication of an alcohol problem (Transportation Research Board 1995). Additionally, in a number of states, a high BAC decreases the likelihood of a favorable plea bargain or is taken into account by the judge at sentencing.

According to the National Hardcore Drunk Driver Project Survey, 31 states and Washington, D.C., and American Samoa had graduated BAC systems and enhanced sanctions for high BAC offenders. According to McCartt’s 2001 study, most states with graduated systems report few problems with implementing high BAC sanctions and believe the sanctions have had a positive impact on the state's DUI system.

In Colorado, high BAC offenders at .15 and above are subject to a fine of $500–$1,500 and a mandatory incarceration of 90 days for first and subsequent offenses. The mandatory incarceration time can be reduced to 10 days if the offender participates in an alcohol education/treatment program.

In Connecticut, convicted offenders with BAC levels of .16 or above are subject to increased administrative licensing actions. On a first offense, the license is suspended for 120 days. On a second offense, it is suspended for 10 months and on a third offense, the license is suspended for two years and six months.

In Minnesota, first-time offenders with a high BAC level of .20 and above at the time of arrest or within two hours of the time of the offense are charged with third-degree drunk driving (a gross misdemeanor), and the driver’s license and license plates are impounded administratively upon arrest. For second offenders at .20 BAC and above, the charge is second-degree drunk driving (a gross misdemeanor), the driver’s license and license plates are impounded administratively, and the vehicle is forfeited upon arrest. Additionally, license suspension/revocation periods are doubled for those offenders charged with driving at .20 BAC and above.

In American Samoa, the offenders’ BAC is multiplied by a certain constant figure to determine the monetary fines. Offenders with higher BACs are required to pay increased fines.

Click to enlarge table: "27 States Have Tiered BAC Systems"

This table lists those states using a graduated, or tiered, system to assign sanctions and treatment based on BAC levels of .08 and above. Greater sanctions and/or increased treatment are required when an offender’s BAC level reaches the second tier level, and the increased penalty or treatment is noted under Resulting Action

According to recent study of Minnesota’s high BAC law, "high BAC sanctioning systems are viewed as one of the few promising approaches for reducing recidivism among ‘hardcore’ impaired drivers" (McCartt and Shabanova 2002). Minnesota’s high-BAC law appears to have successfully increased the severity of case dispositions for high-BAC offenders, and evidence suggests an initial reduction in recidivism.

Though a specific reduction in recidivism cannot be attributed directly to a tiered BAC system, experts in the field say the graduated penalty system results in increased efficiency and effectiveness in identifying and processing drunk drivers. In 1999, the National Hardcore Drunk Driver Project called for graduated penalties of aggravated DWI and hardcore DWI for high BAC offenders and high BAC repeat offenders, respectively. In its proposal for a model program to reduce hardcore drunk driving, the National Transportation Safety Board (NTSB) recommends all states adopt legislation defining a high blood alcohol concentration (.15 percent or greater) as an "aggravated" DWI offense requiring strong intervention similar to that ordinarily prescribed for repeat DWI offenders (NTSB 2000).

McCartt, A. Spring 2002. Enhanced sanctions for higher BACs: Addressing the high-risk offender. Impaired Driving Update. Kingston, NJ: Civic Research Institute, Inc.

McCartt, A., and Shabanova, V. 2002. Effects of Enhanced Sanctions for High BAC DWI Offenders on Case Dispositions and Rates of Recidivism. Trumbull, CT: Preusser Research Group, Inc.

McCartt, A.T. et al. 2001. Evaluation of Enhanced Sanctions for Higher BACs: Summary of States' Laws. Washington, DC: National Highway Traffic Safety Administration.

Simpson, H.M., Mayhew, D.R., and Beirness, D.J. 1996. Dealing With the Hard Core Drinking Driver. Ottawa, Canada: Traffic Injury Research Foundation.