- DOT HS 809 215
|2. Government Accession No.
|3. Recipient's Catalog No.
|4. Title and Subtitle
Evaluation of Enhanced Sanctions for Higher BACs: Summary of States' Laws
|5. Report Date
|6. Performing Organization Code
|8. Performing Organization Report No.
|9. Performing Organization Name and Address
Preusser Research Group, Inc.
7100 Main Street
Trumbull, CT -6611
|10. Work Unit No. (TRAIS)
|11. Contract or Grant No.
|12. Sponsoring Agency Name and Address
National Highway Traffic Safety Administration
U.S. Department of Transportation
400 Seventh Street, S.W.
Washington, DC 20590
|13. Type of Report and Period Covered
|14. Sponsoring Agency Code
|15. Supplementary Notes
Amy Berning served as the NHTSA Contracting
Officer's Technical Representative for this study.
Twenty-nine states have a statute,
regulation, or rule that provides for additional or
more severe sanctions for DUI offenders with a
high BAC. States vary in terms of the
high-BAC threshold, which ranges from .15 to .20
percent, and the types, severity, and complexity of
sanctions. Types of high-BAC sanctions include
limitations on plea reductions or deferred judgments;
driver-based punitive sanctions (jail, electronic
home monitoring, community restitution, fines,
license suspension/revocation); vehicle-based
punitive sanctions (ignition interlock,
administrative plate impoundment); and alcohol
treatment/education. Highway safety offices in all
states with such sanctions were contacted. Most
reported few problems with implementing high-BAC
sanctions and believe the sanctions have had a
positive impact on the state's DUI system. Concerns
and problems that were noted include: 1) high-BAC
sanctions may further complicate an already complex
DUI system; 2) high-BAC sanctions may increase the
number of BAC test refusals; 3) courts and/or
prosecutors may allow high-BAC offenders to plead to
a lower charge and, thus, evade the enhanced
penalties; 4) courts may view the enhanced penalties
as onerous and, thus, fail to impose the penalties;
and 5) concerns about jail overcrowding or increased
incarceration costs and the limited availability of
treatment programs in some areas may hinder the
effectiveness of these sanctions. These issues will
be addressed in the second stage of the study, an
in-depth evaluation of high-BAC sanctioning programs
in selected jurisdictions.
|17. Key Words
driving, DUI, alcohol-impaired driving sanctions, DWAI,
|18. Distribution Statement
This report is available to the public from the
National Technical Information Service (NTIS), Springfield, VA 22161 (703) 605-6000. It is also
available, free of charge, on the NHTSA web site at
Security Classif. (of this report)
|20. Security Classif. (of this page)
|21. No. of