NCJ Number
113688
Date Published
1988
Length
15 pages
Annotation
This study examines the evolution of incarceration and fines and the quasi-administrative sanction of license suspension in California drunk-driving legislation.
Abstract
Three significant trends mark the development and application of drunk-driving sanctions in California. First, there has been a growing tendency, especially in the 1980's, toward subdividing drunk driving into punishment categories based on the offender's prior record and the harm caused by the driver. The division of the range of punishments on these bases, has created a hierarchical punishment scheme without significantly altering the penalty scales. Second, California drunk-driving legislation intends to provide appropriately severe penalties for drunk driving by mandating relatively high minimum-punishment levels. Legislation enacted in the 1980's requires judges to impose at least the minimum penalties even when probation is given. The third trend involves the criminal justice system's response to the various punishment provisions. Legislative intents often are not fulfilled in the actions of prosecutors, juries, and judges, prompting additional legislation that creates a new round of reactions. 2 figures, 2 tables, 32 notes, 23-item bibliography.