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Abstract
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OBJECTIVE: Update a 1992 study of States' practices with respect to vehicle sanctions for drinking- and-driving and driving-while-suspended offenses. Sanctions under study included vehicle impoundment, immobilization, forfeiture and registration actions and license plate actions. In addition, unlike the 1992 study, this study included alcohol ignition interlocks and reviewed international vehicle sanctions laws.
METHODS: Information on each state's vehicle sanction laws was collected primarily from NHTSA's Digest of State Alcohol-Safety Related Legislation: 2003. A brief report on those laws was written for each State. State representatives were contacted and interviewed regarding the accuracy of the reports, as well as: (a) the extent to which the vehicle sanction laws were being used; (b) reasons these laws were or were not being used; (c) their knowledge of successes or problems associated with implementation of these types of laws; and (d) knowledge of any studies demonstrating effectiveness of these vehicle sanctions programs. A literature review was conducted to further identify any studies on the effects of vehicle sanctions programs and any changes in vehicle sanctions laws, within the United States and internationally.
RESULTS: It was possible to identify 132 pieces of legislation with all 50 states having at least one vehicle sanction law in 2004. In 1992, only 32 states had vehicle sanction laws (excluding alcohol ignition interlock laws). It appears that at least 51 of the 132 laws are used regularly. Alcohol ignition interlock laws are used most frequently (43 states), followed by vehicle forfeiture laws (31 states) and vehicle impoundment (15 states). Although many states are applying ignition interlocks to eligible offenders (25 in 2004) most states are not applying these sanctions on a regular basis.
CONCLUSIONS: Past research suggests vehicle and license plate impoundment, vehicle immobilization and alcohol ignition interlocks can reduce DWI and/or DWS recidivism during the period when they are applied. Logistical issues - such as family hardship and court monitoring of compliance with these sanctions-- need to be addressed. Strategies that may increase the use vehicle sanctions include: (1) Imposing mandatory electronic house arrest as an alternative to ignition interlocks for offenders who refuse to install interlocks on their vehicles. (2) Not allowing the sale or transfer of title of any vehicle owned by arrested offenders before the charges are adjudicated, (3) Using DWI fines to compensate state or local officials (or their contractors) to follow up on offenders to ensure that the vehicle action sanctioned is implemented in the manner as intended.
KEYWORDS: Vehicle sanctions, DWI, License suspension
Full text:
www.icadts2007.org/print/68sanctionlaws.pdf
Language: en |