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Published on: January 9, 2016
DUI Countermeasures: differences between court jail sentences and jail time actually served and available alternative
Gloriam Vanine Guenzburger1, Debra Barbiaux Atkinson1
1California Department of Motor Vehicles, Research & Development Branch, MS - H126, 2570 24th Street, Sacramento, CA, 95818, United States.
Introduction And Methods:
Jail sentences and actual jail times were compared for 2006 California driving under the influence of alcohol or drugs (DUI) offenders from select counties using matched data from Department of Motor Vehicles (DMV), court, and sheriff databases. Additionally, alternative sanctions to jail were investigated.
Results:
Jail sentences reported by courts were consistently longer than actual jail time. Actual jail time percentages across participating counties ranged from 0 to 67% for 1st DUI offenders, 0 to 20% for 2nd offenders, and 0 to 66% for 3rd(+) offenders. Median percentages of jail sentences actually served across participating counties were 0%, 7%, and 22% for 1st, 2nd, and 3rd(+) DUI offenders, respectively. Alternative sentences were used more often for 1st DUI offenders and less so for 2nd and 3rd(+) offenders.
Conclusions:
Caution is warranted regarding conclusions about jail ineffectiveness as a DUI deterrent from previous studies given that most were based on jail sentence or statutory lengths, which appear to overestimate actual jail times.
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