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DWI and DUI Courts Reduce Repeat DWI/DUI Offenses

The development of specialized courts for dealing with offenders convicted of driving while intoxicated (DWI) or driving under the influence of alcohol (DUI) arose after the efficacy of drug and other problem-solving courts had been demonstrated. The first DWI court in the United States was established in New Mexico in 1995. The number has been growing rapidly and there were about 400 such courts operating in 2008. 1

Drunken driving is a serious problem in the United States. Fortunately, the proportion of alcohol-related traffic fatalities has fallen from over 60 percent in 1975 to about 40 percent in recent years. When calculated in terms of the number of vehicles on the road, of vehicle miles traveled, or the of the number of licensed drivers, the proportion has been cut in about half since the early 1980s. Nevertheless, over 15,000 people are still killed each year in alcohol-related crashes, several thousand of which involve intoxicated drivers. 2 Every single injury and death caused by drunken driving is totally preventable.

Most drivers who have had something to drink have low blood alcohol content or concentration (BAC) and relatively few are involved in fatal crashes. On the other hand, while only a few drivers have BACs higher than .15, a much higher proportion of those drivers have fatal crashes. 3

DWI offenders tend to fall into two categories:

  1. People who have made a poor decision and driven after having had too much alcohol to drink.
    • These drivers tend to have relatively low BACs.
    • These drivers are usually dissuaded from the committing the crime
      in the future by punishment.
  2. Alcoholics who are hard-core repeat offenders.
    • These drivers tend to offend with very high and dangerous BACs.
    • These drivers are very resistant to changing their drunken driving
      behavior. 7

DWI courts apply the successful drug court model to alcohol-impaired drivers. They reflect the experience that society cannot rely solely on punishment to solve a serious social problem rooted largely in a medical problem -- alcoholism. The traditional approach of relying on punishment without treatment and accountability has proven to be largely ineffective with repeat offenders. As one judge observed, we cannot “jail our way out of the problem.” These courts address the problem by holding offenders to a high level of accountability, providing long-term intensive treatment, and carefully monitoring offender behavior for compliance. 8

DWI Courts can play an important role in reducing traffic crashes, fatalities and deaths. As another judge said, “When a hardcore drunk driving offender comes before the judiciary system and is found guilty of DWI, it may be one of the only opportunities for the system to address the reasons for the offender’s recidivism.” 9

 

Source:
  • Hanson, David J. DWI Courts: Effectively Addressing Drunk Driving. In: Higgins, P. and Mackinem, M. B. (Eds.) Problem-Solving Courts: Justice for the Twenty-First Century? Santa Barbara,CA: Praeger, 2009.
References:
  • 1. Wallace, D. Personal communication. Alexandria, VA: National DWI Court Institute, 2008 (July 30)
  • 2. National Highway Traffic Safety Administration. Performance Measures. NHTSA FY 2009 Budget Overview. Washington, DC: National Highway Traffic Safety Administration, 2008, p. 35; Centers for Disease Control and Prevention, 2008.
  • 3. Hanson, D. J. DWI Courts are Effective in Reducing DWI/DUI. Alcohol Problems and Solutions. Available at http:www.alcoholinformation.org
  • 4. National Highway Traffic Safety Administration. Performance Measures. NHTSA FY 2009 Budget Overview. Washington, DC: National Highway Traffic Safety Administration, 2008, p. 35.
  • 5. Lund, A., McCartt, A. T., & Farmer, C. M. Contributions of Alcohol-Impaired Driving to Motor Vehicle Crash Death in 2005. Arlington, VA: Insurance Institute for Highway Safety. Presented at the joint annual meetings of the International Council on Alcohol, Drugs, and Traffic Safety and the International Association of Forensic Toxicologists.Seattle, WA, August 26-30, 2007, p. 4.
  • 6. Hedlund, J., & Fell, J. Repeat Offenders and Persistent Drinking drivers in the U.S. Washington, DC: National Highway Traffic Safety Administration, 2007, p. 2.
  • 7. Hanson, D. J. DWI Courts are Effective in Reducing DWI/DUI. Alcohol Problems and Solutions. Available at http:www.alcoholinformation.org
  • 8. National Drug Court Institute. DWI courts and DWI,drug courts: Reducing recidivism, saving lives. n.d. Available at http”//www.ndci.org/dwi-drug-court.htm/ p. 3.
  • 9. National Association of State Judicial Educators. Hardcore Drunk Driving Judicial Guide. Williamsburg, VA: National Association of State Judicial Educators and the Century Council. n.d., p. 10. Available at hrrp:/wnasje.org/resources/HDDrunk/HCDrunkJudicialGuide.pdf/

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