Factors affecting conviction rates of intoxicated driver patients in two large trauma centers

ABSTRACT

Objective: Outcomes from previous studies report the driving under the influence (DUI) conviction rates for trauma patients in several cities within Canada and the United States over the last 2 decades. This study reports charge, conviction, and prosecution rates for trauma patients at 2 level I trauma centers servicing a large metropolitan city.

Methods: A retrospective review of the trauma databases was completed to identify patients meeting inclusion criteria. Four hundred sixty patients were identified and their records were compared with the district attorney's records for DUI charges and convictions.

Results: The conviction rate for this study was 8.7%, demonstrating continued low rates of conviction despite growing interest and public awareness of drinking and driving.

Conclusions: We discuss legal considerations that providers should consider when treating patients who have been drinking and driving.

Keywords:

• alcoholism
• DUI
• emergency department
• trauma

Acknowledgments

The authors thank Rick Sambucini with the University of Texas Health Science Center at San Antonio's Trauma Surgery Department, who assisted with the collection of data from the University Hospital trauma database. We also thank the Bexar County District Attorney's office for their assistance with data collection for our study. C. Lyon is a licensed attorney at law in New York and New Jersey. The views expressed herein are those of the authors and do not reflect the official policy of the Department of the Air Force, Department of the Army, Department of Defense, or the U.S. Government.