Alternative court procedures for DUI offenders.

Abbene, John J; Keith, Peter E · 1978 · ROSA P / Virginia Transportation Research Council (VTRC)

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Summary

This 1978 report by the Virginia Highway and Transportation Research Council evaluates the need for alternative court procedures for Driving Under the Influence (DUI) offenders in Virginia, specifically focusing on referrals to the Virginia Alcohol Safety Action Program (VASAP). The study was commissioned to assist a legislative Commission created by House Joint Resolution No. 102, which sought to review the effectiveness of statewide drunk driving laws and the VASAP, established in 1975. The research addresses four key issues: whether convictions should be required before rehabilitation entry, whether all offenders should have access to rehabilitation, whether restricted licenses should replace full driving privileges during treatment, and whether second-time offenders should receive another rehabilitation opportunity. The methodology relied primarily on a questionnaire survey mailed to Virginia’s general district, circuit, and juvenile court judges, commonwealth’s attorneys, local VASAP directors, and a random sample of state and local police. With a 78% response rate, the survey gathered data on current court practices and opinions on potential legal reforms. The authors supplemented this primary data with a review of existing literature regarding the effectiveness of federal Alcohol Safety Action Programs (ASAPs) and rehabilitation programs outside Virginia. The study explicitly notes that it did not conduct an independent statistical evaluation of VASAP’s impact on highway safety due to limited available data. The findings reveal that while most judges and prosecutors support the VASAP, there is significant disagreement regarding specific statutory provisions. Less than 20% of judges convict first-time offenders prior to VASAP referral, preferring to require only a guilty plea or sufficient evidence of guilt. However, over 75% of officials oppose mandatory referral for all first-time offenders, favoring judicial discretion. Conversely, there is strong consensus that second and multiple offenders should be convicted of DUI before referral, with over 90% of judges opposing referral for multiple offenders except in extreme circumstances. The literature review indicated that while ASAPs improved case administration and public awareness, there was no conclusive evidence that they significantly reduced alcohol-related crashes or fatalities. Additionally, the report found that judges frequently amend DUI warrants to lesser offenses like reckless driving upon successful VASAP completion, rather than imposing a DUI conviction. The authors conclude that Virginia’s DUI laws require revision to balance rehabilitation incentives with public safety. They recommend amending the code to require DUI convictions for second and multiple offenders prior to VASAP referral, while retaining judicial discretion for first-time offenders. To incentivize program completion, the report proposes a licensing system where first-time offenders face a discretionary suspension of up to three months, which increases to six–12 months if they fail to complete the program. The authors also recommend eliminating the practice of accepting VASAP completion "in lieu" of conviction to ensure all offenders receive at least minimum licensing sanctions, and mandating that VASAP participation and case dispositions be noted on driving records.

Key finding

Most Virginia court officials support the use of rehabilitation programs for DUI offenders but favor retaining judicial discretion for first-time offenders while requiring convictions and stricter licensing sanctions for repeat offenders.

Methodology

survey

Sample size: 470

Provenance

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Topics

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• dui enforcement