Focusing DWI Sanctions The Myth of First Offenders

Focusing DWI SanctionsThe Myth of First Offenders Richard Roth, PhD Executive Director, Impact DWI Citizen Lobbyist and Research Consultant Supported by PIRE, NHTSA, RWJ, and NM TSB RichardRoth2300@msn.com, 471-4764, www.impactdwi.org Focussing DWI Sanctions

Myths • First DWI Arrest is First DWI • First Offenders have a low probability of recidivism. • A slap on the wrist is sufficient sanction. • Second Offenders are much worse than first offenders. Focussing DWI Sanctions

The Percentage of First Offenders Depends on Look-back Time 75% were “First in 5 years” 59% were First in 20 years Focussing DWI Sanctions

The Majority of DWIs Are First Offenders • To Reduce Recidivism, You cannot ignore First Offenders • To Reduce First Offenders, General Deterrence & Prevention Focussing DWI Sanctions

No Priors Focussing DWI Sanctions

Distribution of Offenders by Priors and Alcohol ProblemsA small (N~70) Anonymous Survey of DWI Offenders Average = 606 times Focussing DWI Sanctions

Facts About First Offenders • The largest group of re-arrested DWI offenders have only one prior conviction. • First Offenders admit driving drunk many times before arrest. • First Offense Sanctions offer the best opportunity to change DWI behavior. • Interlocks cost-effectively offer the needed behavior-modification treatment. Focussing DWI Sanctions

So I recommend • On Any Conviction for DWI, Mandate 1 or more years of interlock (or Sobrieter for those who claim “no car” or “not driving”). • Or even better.. • On Any Arrest for DWI, Declare the Vehicle a Hazard to the Public and Mandate Immobilization until vehicle is made safe by installation of Interlock. Focussing DWI Sanctions

NM First DWI Conviction Study • Time Period: First Convictions between January 2003 and December 2005. • Treatment Group: 1461 First Offenders who installed interlocks within 90 days of conviction. • Comparison Group: 17,562 First Offenders who did not install interlocks. • Cox Multivariate Proportional Hazards Regression (Gender, Age, BAC,Group) Focussing DWI Sanctions

Most First Offender Interlocks were installed for only 3 months Installation duration for the 943 interlocks that were removed before the end of the study. Focussing DWI Sanctions

Interlocked First Offenders Have 62% Less Recidivism. Focussing DWI Sanctions

After Removal Those Who Were Interlocked Still Have a 19% Lower Recidivism Rate…but N is not large enough for it to be statistically significant. Hazard Ratio= 0.81, p=0.16, in a multivariate regression. A hint that bad actors DWI right after removal I hope this is not just a statistical fluctuation. Time will tell. Focussing DWI Sanctions

For 3 years following interlock installation, Those first offenders who installed “mandated” interlocks had lower recidivism. H.R. = 0.61 P < 0.001 Focussing DWI Sanctions

Interlocks are Effective with Court Mandated Offenders Comparison GroupsInterlocked Groups Focussing DWI Sanctions

Interlocks are Effective with Volunteers ie. Not court-mandated Comparison GroupsInterlocked Groups Focussing DWI Sanctions

Before Interlocks After Interlocks Focussing DWI Sanctions

So Interlocks are very effective at reducing re-arrests of First Offenders BUT… ? • The General Deterrent Effect of Sanctions • Anti-DWI Advertising • Prevention Programs • Interlocks for High Risk Groups • Inexpensive, Passive Interlocks in all cars HOW CAN WE REDUCE FIRST OFFENDERS The End Focussing DWI Sanctions

Focusing DWI Sanctions The Myth of First Offenders