Variations in Jail Sentences and the Probability of Re-Arrest for Driving While Intoxicated

Objective. The probability of re-arrest for driving while intoxicated (DWI) is compared for four different groups of individuals classified by whether the individual was convicted and, if so, the type of sentence received.

Method. Subsequent re-arrests for DWI were examined for all individuals whose index arrest for DWI had occurred between 1994 and 2001 in a county in New Mexico. The groups included (1) those convicted as a result of the index arrest and sentenced to a 28-day jail/treatment program (N (#)=(#) 2,703); (2) all those not convicted as a result of the index arrest (N = 709); (3) those who were convicted but not sentenced to jail (N = 1,047); and (4) those convicted and sentenced to jail (N = 1,290).

Results. Adjusting for covariates of BAC, number of prior arrests, ethnicity, age, and sex, the probability of not being re-arrested was greatest among those sentenced to the jail/treatment program (Group 1), next highest in the two groups convicted but not sentenced to jail/treatment (Groups 3 and 4), and lowest in the group that was not convicted (Group 2). Length of jail sentence among people convicted but not sentenced to the jail/treatment program was unrelated to the probability of re-arrest.

Conclusion. Conviction for DWI, regardless of the sentence, appears to reduce the probability of re-arrest, and being sentenced to a multi-modal treatment/incarceration program further reduces the probability of re-arrest. However, the other types of sentences do not appear to differ in their impact on probability of re-arrest.

Keywords:

• DWI
• DWI Recidivism
• Severity of Sentencing
• DWI Case Dispositions

ACKNOWLEDGMENT

The research reported in this article was supported by the National Institute on Alcoholism and Alcohol Abuse, Grant No. RO1 AA11578.

Notes

^A N.A. = Native American.

^B Convicted compared to not convicted.

^A N.A. = Native American.

^BOrdered variable.