An evaluation of hardship licensing for DWIs. Volume 2, Effect on general and specific deterrents

Voas, Robert B.; McKnight, A. James · 1989 · ROSA P / United States. Department of Transportation. National Highway Traffic Safety Administration

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Summary

This 1989 report, prepared for the National Highway Traffic Safety Administration (NHTSA), evaluates the impact of hardship licensing—limited driving privileges granted to drivers suspended for driving while intoxicated (DWI)—on general and specific deterrence, court operations, and employment. The study was motivated by concerns that full license suspensions might cause undue economic hardship, potentially undermining enforcement efforts or reducing the deterrent value of the penalty. The research aimed to determine if hardship licenses mitigate these concerns without compromising public safety or legal efficacy. The study employed a multi-state design involving surveys of state departments of motor vehicles (DMVs) and courts, as well as analyses of driver records from New Jersey, Washington, Virginia, Alabama, Pennsylvania, and Utah. Researchers examined state laws and practices regarding hardship licenses, analyzing criteria for issuance, permitted driving activities, and administrative responsibilities. To assess general deterrence, the study analyzed 1.2 million driver records in New Jersey to evaluate public knowledge of hardship licensing availability. For specific deterrence, the researchers compared recidivism and accident rates among first-time DWI offenders in Washington and Virginia, distinguishing between those who received hardship licenses, those who served full suspensions, and those who reinstated immediately. Court operations were assessed using data from Alabama regarding changes in arrest and conviction rates following the implementation of mandatory suspension laws. Employment effects were evaluated through surveys of DWI offenders in Pennsylvania and Utah to determine job loss rates associated with suspension. The findings indicate that hardship licensing does not significantly undermine the deterrent effects of license suspension. Regarding general deterrence, the availability of hardship licenses did not reduce the public’s perception of the penalty’s severity; drivers lacking knowledge of hardship options were not additionally deterred by learning they were unavailable. In terms of specific deterrence, issuing hardship licenses increased driving exposure and thus the risk of traffic violations and accidents, except in states requiring special insurance coverage, where safer drivers tended to seek these licenses. However, neither full suspension nor hardship licensing significantly affected DWI recidivism rates. Concerning court operations, the study found that increasing the use of suspensions did not negatively impact arrest or conviction rates, suggesting that fears of adverse effects on enforcement were unwarranted. Finally, less than 2% of suspended drivers reported substantiated job loss. Since job loss rates were similar for suspended and unsuspended drivers, any employment impact was attributed to the drinking behavior or conviction itself rather than the suspension. The report concludes that hardship licensing serves as a viable compromise that alleviates perceived economic hardship without compromising the deterrent value of license suspensions. The data suggests that concerns regarding job loss and court backlogs are largely unfounded, and that the primary safety risk of hardship licenses is increased exposure to driving rather than increased recidivism. The findings support the continued use of license suspensions as a penalty for DWI, with hardship licenses providing a necessary safety valve for essential driving needs without significantly eroding the penalty’s effectiveness.

Key finding

Issuance of hardship licenses increases driving exposure for suspended DWI offenders but does not undermine general deterrence or affect court conviction rates, while less than 2% of suspended drivers experience substantiated job loss.

Methodology

mixed_methods

Sample size: 1200000

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