NCJ Number
137124
Journal
Alcohol, Drugs and Driving Volume: 8 Issue: 1 Dated: (January-March 1992) Pages: 1-15
Date Published
1992
Length
15 pages
Annotation
The thesis that prosecutors should consider larger missions to include DWI (driving while intoxicated) accidents and injuries was studied in Indiana.
Abstract
In 1982, Indiana drunk drivers injured over 6,391 persons in 12,803 accidents. Prosecutors chose different missions to combat drunk driving. These missions related to increasing the certainty of conviction and speed of sanctioning through evidentiary and procedural improvements and to deterring repeat offenders through enhanced sentences. The development of per se law and its effect on convictions made it necessary to obtain more admissible breath test results. The law reform process identified two critical breath test goals: encourage drivers to fulfill their legal obligation to take the test, especially since enhanced penalties were foreseen to potentially trigger increased refusals; and legislatively remedy specific technical objections to admitting breath test results. Research measuring convictions, license suspension rates, and suspension lengths showed that the prosecutor achieved substantial legislative and courtroom goals: increasing suspensions and convictions and improving the extent of admissible evidence. Nonetheless, it was determined that prosecutors should seek a different goal: to solve problems related to DWI and look at more general estimates of the impact of alcohol-related accidents. The Indiana experience with legal and prosecutorial reforms resulted in a decrease in the percentage of accidents involving alcohol from 7.3 to 5.2 between 1983 and 1989. 34 references and 8 tables