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Can Mandatory Jail Laws Deter Drunk Driving? The Arizona Case

NCJ Number
125972
Journal
Journal of Criminal Law and Criminology Volume: 81 Issue: 1 Dated: (Spring 1990) Pages: 156-170
Author(s)
H L Ross; R McCleary; G LaFree
Date Published
1990
Length
15 pages
Annotation
Arizona's experience with a law mandating a brief jail sentence for drunk drivers indicates that this approach is not a successful deterrent to drunk driving.
Abstract
The 1982 Arizona law subjects a first-time offender found guilty of driving while impaired or intoxicated to a mandatory 24 hours in jail as well as a $250 fine and a 90-day license suspension. Those convicted a second time within 3 years face 60 days in jail along with fines and license actions, and third-time offenders face 6 months in jail plus other penalties. However, data on fatal crashes in Maricopa County (Ariz.) from 1980 through 1986 indicates that the law probably had no important deterrent effect. An independent study using State accident data reached the same conclusion. Results suggest caution in extending the use of jail sentences as a means of saving lives, although such a policy can perhaps be defended on the grounds that drunk drivers deserve punishment. Tables, footnotes, and appended tables.