Deterrence Theory in Criminal Justice Policy
Minnesota House Research Department Page 13
Administrative Sanctions Deter First-time Drinking and Driving
Offenders
Laws increasing penalties for driving under the influence of alcohol have received significant attention.
Individuals who drive while intoxicated face a variety of consequences including criminal sanctions like
fines or jail time, and administrative sanctions like the loss of a driver’s license. Studies suggest that
increased criminal penalties have little or no effect on recidivism.
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Some states imposed mandatory jail sentences for drunk drivers, but individuals convicted under those
laws actually had higher rates of accidents or repeat offenses than those convicted before the
mandatory jail sentences went into effect.
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Interviews with inmates suggested that individuals in prison
were actually more likely to drink and drive after their release.
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In short, greater punishment in the
form of severe sentences is correlated with an increase in recidivism.
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In Minnesota, the penalty for driving under the influence increases based primarily on the number of
prior offenses an individual has. Offenders with one offense, who faced the least significant
consequences for reoffending, committed repeat offenses at the lowest level while repeat offenders,
particularly those with five or more prior offenses, were the most likely to reoffend.
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Several
jurisdictions, including Minnesota, increased penalties for first offenders by requiring an arrest for
someone with a first DWI or imposing mandatory jail sentences on those offenders. Some jurisdictions
found that a reduction in nighttime crashes that resulted in fatalities followed the increase in
penalties.
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Of note, Arizona was an exception. There was no significant change in the number of
fatalities after the state increased penalties for first-time offenders.
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In general, license suspensions
and revocations were found to have a greater deterrent effect.
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The same was true for policies that
increased the certainty of detection, even in a study that found no effect from increased penalties.
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In
summary, first-time offenders can be deterred from committing another DWI offense, but that
deterrence appears to be connected to an awareness of the likelihood of being caught and the specific
deterrent effect of short periods spent in jail and the loss of a driver’s license.
Increasing the Drinking Age Reduced Excessive Drinking by Teens
Researchers have also focused on issues related to drinking, particularly heavy drinking, by individuals
under age 21. Most states moved their minimum legal drinking age to 21 following federal legislation
encouraging that change, which passed in 1984.
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Studies showed that the laws had a dramatic effect,
reducing alcohol consumption by those young adults and significantly reducing highway fatalities among
those under age 21.
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However, underage drinking remains a significant public health issue, particularly
on college campuses. While colleges have attempted to improve their policies and enforcement, there
has not been a significant decline in binge drinking.
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Indeed, there is some question as to whether the
minimum drinking age laws, and related “zero tolerance” policies for drinking and driving by underage
individuals actually caused the reduction in drinking and driving by young people. While the laws
correspond to a reduction in drinking and driving by those young people, studies do not necessarily
show that the laws caused the reduction.
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Traffic Tickets Deter Some Drivers
A study of traffic tickets showed that men who received a citation for speeding were more likely to
receive subsequent speeding tickets, suggesting that there was no specific deterrent effect from traffic
tickets for those drivers.
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There were noticeable demographic differences, though, showing that,
unlike men, women who received a ticket were less likely to be caught speeding again.
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Increasing the