According to the National Hardcore Drunk Driver
Project Survey, 31 states, two territories and the Navajo Nation have mandatory
minimum fines, particularly for repeat offenses. Based upon 1992 data from
five states, NHTSA estimated the average assessed fine for DWI was $705. |
The deterrent value of fines has received little
study in the United States. Their effectiveness appears minimal, largely
because they generally are not very costly and often are not collected.
Fines also can be paid in increments over a lengthy period of time. In Sweden,
where the offender’s fine is linked to annual income and the severity of
the offense, fines are associated with reductions in fatal crashes.
Studies generally show fines are more effective in Europe, where they are
higher than in the United States. European fines were frequently one and
a half month’s salary (Brooker 2001).
In Quebec, a study found the only drunk driving law with statistically discernible
effects was a fine for driving while suspended. On average, there was a
reduction of one driver fatality for every $200 increase in fines enacted
by a province in a given year (Sen 1999).
While their deterrent value appears minimal, fines and other financial sanctions
serve as retribution, which is one of the objectives of sentencing. Fines
also may play an important role in helping pay for other costs associated
with hardcore drunk drivers, such as enforcement efforts and treatment.
A fine collection program in Polk County, Iowa, has proved highly successful.
In 1991, Polk County had the greatest number of alcohol-related injuries
and fatalities in the state, as well as a large number of uncollected fines
for Operating While Intoxicated (OWI). The delinquent OWI Fine Collection
Program was initiated out of concern that, without adequate fine collection
procedures, the impact of the OWI penalty on impaired driving was compromised.
With the help of an investigator and a media awareness program, which included
a listing of delinquent offenders in the state’s largest newspaper, the
project collected from 2,479 offenders. Between 1991 and 1993, the project
collected over $309,000 at a cost of only $45,000. The success of the project,
substantially aided by citizen support, media involvement, and the judiciary,
led to legislation for the implementation of the program throughout the
state.
In Arizona, repeat offenders and extreme DUI offenders must pay a $250 DUI
Abatement Council fine. The money is used for DUI enforcement and innovative
program implementation. This fine generates $600,000 to $700,000 a year.
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In some jurisdictions, fines help pay for DWI countermeasures
and treatment programs, but they often cover only a small portion of the
total cost of a DWI conviction.
The state of New York has one of the most comprehensive self-financed programs
in the United States and has been cited by the National Highway Traffic
Safety Administration as a national model of excellence.
The program is called STOP-DWI (Special Traffic Options Program for Driving
While Intoxicated) and is based entirely on mandatory minimum fines. The
state legislature passed a law in 1981 establishing the STOP-DWI program,
which laid the foundation for the development of effective, locally-based
programs.
The law allows each county to establish a STOP-DWI program, develop a comprehensive
plan and appoint a coordinator. In turn, counties receive all fines collected
for alcohol- and other drug-related traffic offenses within their jurisdictions.
Counties have the flexibility to develop local programs tailored to their
unique needs. Every county in New York has opted to participate in the program.
When the law was passed, the average DWI fine was $11. The legislature increased
the mandatory fines to a minimum of $300 and a maximum of $500 for DWI.
Additionally, drivers who refused to submit to a blood alcohol concentration
(BAC) test were subject to a $100 fine (now $300). Each year an average
of $22 million is generated through fines and is retained by the counties.
The following results from the STOP-DWI program were documented by NHTSA:
- Alcohol-related traffic crashes decreased from 16,607 in 1981 to 10,167
in 2000;
- Alcohol-related traffic crash deaths decreased from 1,107 (44.1% of
the total traffic crash deaths) in 1981 to 334 (23.1% of the total traffic
crash deaths) in 2000;
- Alcohol-related traffic crash injuries decreased from 21,633 in 1981
to 9,251 in 2000; and
- State collected fines increased from $500,000 to $22 million annually.
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