Evaluation of Lower BAC Limits for Convicted OUI Offenders in Maine

Jones, R. K. (Ralph K.); Rodriguez-Iglesias, C. · 2004 · ROSA P / United States. National Highway Traffic Safety Administration

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Summary

This study evaluates the effectiveness of Maine’s lower blood alcohol concentration (BAC) limits for drivers previously convicted of operating under the influence (OUI). The research was motivated by the need to determine if such laws reduce fatal crashes and recidivism among repeat offenders without burdening law enforcement resources. Maine implemented a two-step reduction in BAC limits for convicted offenders: first lowering the limit from 0.10 to 0.05 in 1988, and then to zero (any measurable alcohol) in 1995. The study employed a mixed-methods approach, combining a process evaluation of enforcement impacts with an impact analysis of crash data and recidivism rates. Researchers selected Maine as the case study state after preliminary analyses indicated it showed the strongest potential deterrent effects compared to other states with similar laws. The impact analysis utilized interrupted time-series designs using Fatality Analysis Reporting System (FARS) data from 1975 to 2000, comparing Maine against neighboring states Vermont and New Hampshire, which lacked such laws. Additionally, the study analyzed OUI recidivism using driver records and assessed offender awareness through surveys. The process evaluation found that the lower BAC law imposed little to no significant burden on enforcement agencies or resource requirements. OUI arrest volumes remained stable, averaging approximately 10,000 per year, while BAC test refusal rates declined significantly from 18% to 10%. Administrative license suspensions specifically for violating the lower BAC limit were low, averaging about 200 per year, representing less than 5% of all OUI-related administrative actions. In terms of impact, the law demonstrated a strong general deterrent effect. The proportion of convicted OUI offenders involved in fatal crashes in Maine decreased by 45%, dropping from 12.9% to 7.1% after the 1988 law implementation, with further reductions observed after 1995. Conversely, this proportion increased slightly in the comparison states. Specifically, for alcohol-related fatal crashes involving drivers with a BAC of 0.10 or higher, the percentage of convicted offenders in Maine fell from 19% in 1996 to 11% in 2001, while rising from 11% to 25% in comparison states. However, the law had minimal effect on specific deterrence; OUI recidivism rates decreased only slightly, from 14.6% to 13.6% for repeat offenders between the pre- and post-1995 periods. Awareness of the law was high, with 67% of surveyed offenders aware of the restrictions. The authors conclude that lower BAC laws for convicted offenders are an effective component of state DWI countermeasures, significantly reducing fatal crashes involving repeat offenders and those with high BAC levels. The study suggests the primary mechanism of success is general deterrence rather than specific deterrence, as recidivism did not substantially decline. The findings indicate that such laws can be implemented without negatively impacting existing DWI control systems. The report recommends that states adopting similar laws ensure driver licensing agencies clearly mark conditional licenses and that law enforcement officers are trained to identify signs of drinking in stopped drivers, regardless of visible impairment.

Key finding

The lower BAC law in Maine reduced the percentage of convicted offenders in fatal crashes from 12.9% to 7.1% after 1988, with no significant impact on recidivism rates.

Methodology

dataset

Provenance

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Topics

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• dui enforcement
• alcohol