Problems and Solutions in DWI Enforcement Systems

Jones, R. K. (Ralph K.); Lacey, John H.; Wiliszowski, Connie H. · 1998 · ROSA P / United States. National Highway Traffic Safety Administration

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Summary

This 1998 technical report by the National Highway Traffic Safety Administration (NHTSA) addresses the systemic failures that allow alcohol-impaired drivers to evade detection, prosecution, or appropriate sanctioning within the criminal justice system. The study was motivated by the observation that many impaired drivers slip through the cracks of enforcement systems, thereby failing to maintain traffic crash risk at tolerable societal levels. The primary objectives were to describe current methods for enforcing blood alcohol concentration (BAC) laws, identify significant problems degrading enforcement performance, and propose specific fixes to close these loopholes. The research employed a systems analysis approach, defining the DWI enforcement system through four top-level functions: law generation, law enforcement, adjudication, and sanctioning. Data were gathered through telephone discussions with law enforcement officials in ten jurisdictions, detailed on-site case studies in Scottsdale, Arizona; Rockdale County, Georgia; and Palm Beach County, Florida; and input from an expert panel of six professionals with extensive experience in DWI enforcement. The study established a "baseline" system specification to serve as a framework for comparing operational realities and identifying deviations. The analysis identified 28 significant problems across the enforcement continuum, traced to their root causes. These failures included the inability of police to find or confirm DWI suspects, delays in processing arrests, prosecutors' failure to charge or obtain convictions, and judges' inability to impose or execute appropriate sanctions. Specific issues highlighted included patrol officers spending excessive time on non-patrol duties, inefficient charging procedures, excessive time spent on pre-trial hearings and continuances, and defendant failures to appear. The report concluded that while DWI enforcement functions at an acceptable level in many jurisdictions, it is rarely optimal. The authors recommended approximately 50 fixes to address these failures. Key recommendations included increasing the percentage of patrol officers' time dedicated to detecting DWI suspects by reducing administrative burdens and utilizing clerical staff for support duties. To address adjudication delays, judicial agencies were urged to restrict conditions for continuances and streamline pre-trial processes. The report also emphasized the need for expanded training for police, prosecutors, and judges; additional funding and equipment; and focused public information programs to garner community support. Furthermore, it noted that the introduction of 0.08 BAC limits had little impact on enforcement functioning, while zero-tolerance laws for underage drivers presented processing challenges requiring further research.

Key finding

The study identified 28 significant problems in enforcing BAC-limit laws that degrade the ability of police to find and confirm DWI suspects and degrade the ability of prosecutors and judges to charge, convict, and sanction offenders.

Methodology

mixed_methods

Sample size: 13

Provenance

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Summary generated by qwen3.6-27b-prismaquant on 2026-06-10; verification: verified.

Topics

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• dui enforcement