NCJ Number
101942
Date Published
1985
Length
129 pages
Annotation
This review of the impact of California's 1982 drunk driving law (Vehicle Code Section 23152) in Almeda County focuses on adjudication patterns, sentencing, and recidivism.
Abstract
The new law makes it unlawful to drive with a blood alcohol level of .10 or above and increases the severity of penalty options (jail, license suspension, and fines), which ascend in severity for up through three convictions, each within 5 years of the previous offense. An examination of the adjudication of drunk driving cases before and after the law's implementation (1980-84) shows a 23-percent increase in drunk driving arrests. The law precipitated an increase in the length and complexity of adjudication for such cases. The courts have adapted in various ways to ensure efficient and effective case processing. Sentencing of drunk driving cases has been more severe since 1982, with sentences carrying higher fines, widespread probation, license suspension, and more frequent jail terms. Jail and license suspension have rarely been imposed on first offenders, although the law permits these sanctions. The volume of repeat offenders indicates that policies under the new law have not deterred drunk driving. It is suggested that since punitive jail sentences and license suspensions have not deterred recidivism, the courts should expand counseling and treatment programs for offenders and evaluate their effectiveness in reducing recidivism. Appendixes detail methodology, present offender demographics, and provide guidelines for future studies. Tabular data.