Evaluation of Enhanced Sanctions for Higher BACs: Summary of States’ Laws

McCartt, Anne Taylor · 2001 · ROSA P / United States. Department of Transportation. National Highway Traffic Safety Administration

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Summary

This report, authored by Anne T. McCartt for the National Highway Traffic Safety Administration (NHTSA), summarizes the first stage of a study evaluating enhanced sanctions for Driving Under the Influence (DUI) offenders with high blood alcohol concentrations (BAC). The research was motivated by evidence that offenders with higher BACs pose a significantly greater crash risk and are more likely to recidivate than those with lower BACs. Additionally, the Transportation Equity Act for the 21st Century (TEA-21) included high-BAC incentive grants, encouraging states to adopt tiered sanctioning systems. The study aimed to identify existing state laws, describe their structures, and assess initial implementation experiences to determine the effectiveness and potential systemic problems of these enhanced penalties. The methodology involved a comprehensive review of literature, state statutes, and regulations, supplemented by telephone discussions with highway safety offices in all 29 states identified as having high-BAC sanctioning provisions. The analysis focused primarily on sanctions for first-time offenders aged 21 and older. The study examined the enactment dates, BAC thresholds, types of penalties, and whether states utilized these programs to qualify for federal TEA-21 Section 410 incentive grants. The report serves as a precursor to a second stage of the study, which involves in-depth process and outcome evaluations in selected jurisdictions. The findings reveal significant variation among the 29 states. High-BAC thresholds ranged from 0.15% to 0.20%, with 0.15% and 0.20% being the most common levels. In 27 states, provisions were statutory, while two relied on administrative rules. Enhanced sanctions included mandatory jail time, ignition interlock devices, license suspensions, increased fines, and mandatory alcohol treatment or education. Sixteen states relied on these programs to qualify for federal incentive funding. Most states reported few implementation problems and viewed the sanctions positively. However, several concerns were noted: the added complexity to an already intricate DUI system; potential increases in BAC test refusals; the possibility of offenders pleading down to lower charges to evade enhanced penalties; judicial reluctance to impose onerous penalties; and logistical issues such as jail overcrowding and limited treatment availability. The significance of this report lies in its systematic documentation of the landscape of high-BAC laws prior to rigorous empirical evaluation. It highlights that while tiered sanctioning is widely adopted and generally supported, its effectiveness is contingent on consistent enforcement and adequate resources. The identified challenges, particularly regarding plea bargaining loopholes and system capacity, provide critical context for the subsequent in-depth evaluations. The report underscores the need for careful implementation strategies to ensure that enhanced sanctions achieve their intended deterrent and rehabilitative goals without creating unintended negative consequences within the judicial and correctional systems.

Key finding

Most states reported few problems with implementing high-BAC sanctions and believed the sanctions had a positive impact on the state's DUI system.

Methodology

survey

Sample size: 29

Provenance

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Topics

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• dui enforcement