An Evaluation of the Elimination of Plea Bargaining for DWI Offenders

Surla, Leo T.; Koons, S. M. · 1989 · ROSA P / United States. National Highway Traffic Safety Administration

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Summary

This report evaluates the impact of eliminating plea bargaining for Driving While Intoxicated (DWI) offenses on general deterrence, offender recidivism, and court operations. Sponsored by the National Highway Traffic Safety Administration (NHTSA) and conducted by MetaMetrics Inc., the study addressed concerns that plea bargaining undermines the punitive and deterrent effects of DWI laws by allowing offenders to plead guilty to lesser, non-alcohol-related charges. The research aimed to provide evidence-based guidance for policymakers considering no-plea-bargaining legislation. The study employed a case study design, selecting Fort Smith, Arkansas, and Lexington and Louisville, Kentucky, as primary sites after a national review of jurisdictions with relevant laws or policies. In Fort Smith, the Arkansas Omnibus DWI Law, effective January 1983, prohibited the reduction of drunk driving charges and increased sanctions. In Kentucky, statewide legislation enacted in July 1984 required prosecutors to oppose charge amendments for offenders with blood alcohol levels of .15 or above. The evaluation compared pre- and post-legislation data, analyzing indicators such as arrest rates, charge reductions, accident statistics, fines, license suspensions, court backlogs, and recidivism rates among first-time offenders. Findings indicated that eliminating plea bargaining significantly reduced repeat drunk driving behavior. In Fort Smith, the rate of first-time offenders arrested for a second offense dropped from 33% to 21%. Similarly, recidivism declined in Kentucky, falling from 23% to 19% in Louisville and from 19% to 8% in Lexington. The policy also affected general deterrence; Fort Smith saw a 37% decline in DWI citations and a reduction in alcohol-related accidents between 1984 and 1987. Charge reductions dropped sharply, from 43% to 7% in Fort Smith and from 79% to 36% in Louisville. Sanctions became more severe, with average fines in Fort Smith rising from $187 to $482 and license suspensions increasing from 27% to 87%. Contrary to fears of judicial inefficiency, no negative impacts on court operations were detected. Louisville experienced a reduction in adjudication time from 105 to 55 days, and Fort Smith saw a net decline in convictions due to fewer citations, with no increase in backlogs or appeals. The study concludes that no-plea-bargaining policies contribute significantly to reducing recidivism and, in concert with other anti-DWI measures, deter drunk driving in the general population. However, the effectiveness of such policies depends on implementation fidelity and contextual factors, including public awareness, political will, and the presence of complementary enforcement and treatment programs. The authors emphasize that no-plea-bargaining legislation is most effective when integrated into a comprehensive strategy addressing the complex environmental and social factors influencing drunk driving behavior.

Key finding

Elimination of plea bargaining for DWI offenses significantly reduced recidivism rates among convicted offenders and contributed to decreased DWI citations and alcohol-related accidents in the studied jurisdictions.

Methodology

other

Provenance

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Topics

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• dui enforcement