What Is the Most Effective DWI Penalty?

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(Newswire.net — November 14, 2019) — Every teen just learning to drive has heard it a thousand times: don’t drink and drive. Why, then, do so many people break this basic rule, and break the law? It’s a persistent problem and a potentially lethal one, with alcohol involved in 31% of fatalities in 2014, according to the NHTSA. Such numbers suggest we need far better prevention strategies and, considering how many repeat offenders are on the road, more effective punishments that will actually deter people from getting behind the wheel after they’ve had too much to drink.

Removing Offending Drivers

One of the most common ways that states deal with individuals convicted of DWIs is by removing those drivers from the road for a period of time. This is the norm in Texas where, according to the Law Offices of Jeff C. Kennedy, first time DWI offenders can face a one year license suspension as well as up to 180 days in jail and a $2,000 fine. After your first DWI, you can face license suspension periods of up to two years in Texas.

Some first time offenders in Texas have their licenses suspended for as little as 90 days – one year is the upper limit. However, suspensions don’t seem to be especially successful deterrents, as many people will drive without a license and just hope they don’t get caught. Not having a license can also increase other criminal activity when it impacts an individual’s ability to hold down a job. That’s why more states are experimenting with alternative penalties.

Focus On Sobriety

Recognizing the persistent problem of intoxicated motor vehicle operators, South Dakota recently began testing a new program known as 24/7 Sobriety. Rather than focusing on how drivers behave while on the road, this program takes a different approach, emphasizing participants’ overall relationship with alcohol. All participants take twice daily mandatory breathalyzer tests and any failed test leads to 12-36 hours of jail time. By providing immediate, consistent punishment for behavior, drivers learn to change their overall behavior patterns.

The Case For Deferrals

While South Dakota’s 24/7 Sobriety program emphasizes immediate, but brief punishment for potentially dangerous action, Texas began a new program this September that aims to incentivize drivers to make better decisions – through deferrals. Historically, prosecutors weren’t allowed to offer deferred charges for DWIs, but having a DWI on your record can have long-term consequences. Under a new law, though, individuals get a second chance, with the stipulation that if they commit a second offense, the consequences will be more severe.

The argument for deferring a DWI is that, especially for young drivers who don’t yet have great judgement or impulse control but who may have clear goals in mind, deferral is an opportunity to get back on track. For example, a future teacher or nurse might be prevented from joining those fields if they have a DWI on their record. For some, the opportunity to work on those goals is enough of an opportunity to keep them from behaving recklessly in the future.

Alternative DWI penalties are still relatively new, but the only way to determine whether they’re more effective than traditional license suspensions, fines, and jail time is to put them into practice and study the results. At the end of the day, anything that leads to fewer impaired drivers on the road is worth a little trial and error because the current model is costing people their lives.