DWI Deterrance: Harsher Sentences Not the Answer

Hats off to Austin DWI Attorney Ken Gibson who recently posted about the effect (or lack thereof) of increased sentences for drunk drivers. In his Austin DWI Blog, he points out that University of Florida researchers have determined that tougher punishments may not be effective in deterring people from driving drunk.

Increasing the minimum jail time keeps few drunken drivers off the road and doesn't significantly prevent fatal car crashes, according to the study, published in the journal Accident Analysis & Prevention. The researchers examined the changes in DWI laws and policies between 1976 and 2002. They also studied the rates of DWI arrests and fatal alcohol-related car crashes.

The issue of recidivism has been tackled in Minnesota by Judge James Dehn of Isanti County. Judge Dehn has been recognized nationally for his groundbreaking "staggered sentencing" approach to drunk drivers. Studies undertaken by the Minnesota Legislature confirm a 50% reduction in repeat offenses under Judge Dehn's approach. Ironically, at the time of these studies, Minnesota also created a felony DWI statute calling for harsh penalties for repeat offenders.