摘要: |
Twenty-nine states have a statute, regulation, or rule that provides for additional or more severe sanctions for DUI offenders with a 'high' BAC. States vary in terms of the high-BAC threshold, which ranges from .15 to .20 percent, and the types, severity, and complexity of sanctions. Types of high-BAC sanctions include limitations on plea reductions or deferred judgments; driver-based punitive sanctions (jail, electronic home monitoring, community restitution, fines, license suspension/revocation); vehicle-based punitive sanctions (ignition interlock, administrative plate impoundment); and alcohol treatment/education. Highway safety offices in all states with such sanctions were contacted. Most reported few problems with implementing high-BAC sanctions and believe the sanctions have had a positive impact on the state's DUI system. Concerns and problems that were noted include: (1) high-BAC sanctions may further complicate an already complex DUI system; (2) high-BAC sanctions may increase the number of BAC test refusals; (3) courts and/prosecutors may allow high-BAC offenders to plead to a lower charge and, thus, evade the enhanced penalties; (4) courts may view the enhanced penalties ad onerous and, thus, fail to impose the penalties; and (5) concerns about jail overcrowding or increased incarceration costs and the limited availability of treatment programs in some areas may hinder the effectiveness of these sanctions. |