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Drunk Driver Recidivist Penalties in Indiana for 1985: Report to the Governor's Task Force to Reduce Drunk Driving

NCJ Number
107883
Author(s)
J P Foley; M J Doherty; J E Habegger
Date Published
1986
Length
22 pages
Annotation
A representative sample of 779 recidivist drunk drivers was drawn from 13 Indiana counties to determine the level of courts' compliance with mandated penalties for such offenders.
Abstract
Indiana law requires all recidivist drunk drivers to serve 48 consecutive hours in jail or 10 days of community service and receive a minimum 90-day license suspension, increased to 1 year for a felony drunk driving conviction. A statistically weighted procedure was used to determine the proportion of persons who served the mandated penalties. Of the convicted recidivists, 61 percent served the required jail sentences, with an additional 14.1 percent serving the required community service. An estimated 4,285 recidivists did not receive the mandated penalties. Although the jail sentences given were usually 1 year, the actual time served averaged only 5 days. Ninety-five percent of recidivists received appropriate minimum license suspensions. Overall compliance increased from 69.7 percent in 1984 to 75.1 percent in 1985, largely through more community service sentences and slightly fewer jail sentences. A cause for concern is the increase in the proportion of recidivists receiving no jail term or community service, from 13.8 percent in 1984 to 17 percent in 1985. Recommendations are offered for procedural changes and additional research. 7 tables and 2 references. (Author summary modified)

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