The special deterrent effects of a jail sanction on first-time drunk drivers: a quasi-experimental study

This study examines the special deterrent effects of alternative sanctions on first-time offenders convicted of driving while intoxicated (DWI). It uses a quasi-experimental design based on the fact that in Hennepin County, Minnesota, some judges did not comply with the judicial policy that mandated a two-day jail sentence for all first-time DWI offenders. Data were collected on all drunk driving cases adjudicated by two judges during an 11-month period. One judge was known to sentence few first offenders to jail; the other was reputed to sentence virtually all first offenders to jail. Of the 383 offenders sentenced by the two judges, 60 were, reconvicted within the 23-month follow-up period. Using judge as an indirect measure of the jail sanction, we found no statistically significant difference in the recidivism rates of persons sentenced by the "jail" and "no jail" judges. Nor did the sanction have a direct effect. After statistically controlling for offender characteristics and prior traffic record, there was no significant difference between those sentenced to a fine (large or small) with no jail and those who were given a two-day jail sentence plus a small fine. Thus, a two-day jail stay is found to be no more effective in deterring subsequent drunk driving by convicted first offenders than an alternative monetary sanction.