License Suspension Research Articles

Sentence severity and the drinking driver: Relationships with traffic safety outcome

While a major response to the drinking-driving problem has been to increase penalties for drinking-driving offences, the impact of sentence severity on the driving behaviour of offenders (specific deterrence) remains unclear. In this research, relationships between aspects of sentence severity (licensedeterrence) suspension, fine, jail term, assignment to probation, or temporary absence programmes) and postconviction accidents and drinking-driving convictions were examined, while controlling statistically for demographic and previous driving record factors. License suspensions were consistently associated with traffic safety benefits. However, increasing severity of other aspects of punishment seemed unrelated to outcome or was associated with increased traffic safety problems. As well, important differences between first, second, and multiple offenders were observed, which may be related to the impact of different aspects of sentence severity on driving behaviour.

The long-term traffic safety impact of a pilot alcohol abuse treatment as an alternative to license suspensions

During the 4-year period following a repeat driving under the influence (DUI) conviction, participants in 12-month treatment programs had worse overall traffic safety records than did recipients of license suspensions. The results from a series of analyses using repeated measures analysis of covariance showed that, in comparison with license-suspension recipients: (i) participants had significantly higher rates (70%) of nonalcohol-related accidents and convictions, (ii) participants had a significantly lower rate (9%) of alcohol-related convictions, but no difference was found on alcohol-related accidents, and (iii) participants had a significantly higher rate (30%) of total accidents ( p < .05). These results suggest that the use of license-suspension waiver as an incentive to participate in a drinking driver program had a negative imapct on traffic safety. The predicted reductions in alcohol-related accidents among program participants did not occur, and reductions in nonalcohol-related accidents, which could have been achieved with license suspensions, were sacrificed. It was recommended that some other alternative besides license-suspension waivers be used as an inducement for repeat DUI offenders to participate in treatment.

Fatal Crash Involvement and Laws against Alcohol-Impaired Driving

It is estimated that in 1985 about 1,560 fewer drivers were involved in fatal crashes because of three types of drinking-driving laws. The laws studied were per se laws that define driving under the influence using blood alcohol concentration (BAC) thresholds; laws that provide for administrative license suspension or revocation prior to conviction for driving under the influence (often referred to as "administrative per se" laws); and laws that mandate jail or community service for first convictions of driving under the influence. It is estimated that if all 48 of the contiguous states adopted laws similar to those studied here, and if these new laws had effects comparable to those reported here, another 2,600 fatal driver involvements could be prevented each year. During hours when typically at least half of all fatally injured drivers have a BAC over 0.10 percent, administrative suspension/revocation is estimated to reduce the involvement of drivers in fatal crashes by about 9 percent; during the same hours, first offense mandatory jail/community service laws are estimated to have reduced driver involvement by about 6 percent. The effect of per se laws was estimated to be a 6 percent reduction during hours when fatal crashes typically are less likely to involve alcohol. These results are based on analyses of drivers involved in fatal crashes in the 48 contiguous states of the United States during the years 1978 to 1985.

Behavioral and employment consequences of driver's license suspension for drinking driving offenders

A telephone survey of 416 drinking driving offenders was conducted to determine whether or not license suspension was associated with unemployment or job instability. Half of the subjects were convicted offenders who had undergone suspension, and half were offenders who were recently arrested and had not undergone suspension. These two groups were compared regarding incidence and length of unemployment during the prior year. Groups did not differ significantly on incidence or length of unemployment. Frequency of driving was compared between the two groups. Although 69% of suspended offenders admitted driving under suspension, reported frequency of driving was less for suspended than nonsuspended offenders. Costs and perceived social and economic consequences of conviction and suspension were examined. Additionally, disposition of the DUI charges was determined for the recently arrested group, and associations between socioeconomic variables and disposition were determined.

Evaluation of the 1982 Wisconsin drinking and driving law

This study examined the general and specific deterrent effects of Wisconsin's 1982 law mandating 3- to 6-month license suspensions for first-time convicted drinking drivers. General deterrence (stopping drinking and driving among the general public) was studied statewide by examining latenight, single-vehicle, injury crashes involving male drivers before and after the law. The results showed a substantial reduction in these presumably alcohol-related events. Specific deterrence (stopping repeat drinking and driving among those convicted) was studied by comparing subsequent convictions and crashes for first-time convicted drivers before and after the 1982 law. The results showed that those drivers convicted under the mandatory suspension law had fewer subsequent convictions and crashes. It was concluded that 100% mandatory license suspension is an effective legal sanction against drinking and driving.

An evaluation of the deterrent impact of Ontario's 12-hour licence suspension law

The deterrent impact of Ontario's 12-hour licence suspension law, a law intended to mete out swift punishment is evaluated. A process model of deterrence is included. Time series analyses of the monthly log odds of number of positive B.A.C. fatalities over the number of negative B.A.C. fatalities indicated a small, short-term effect. The intermediate measures of four surveys of media coverage, Toronto residents, Ontario residents, and police forces supported these results, and affirmed the potential validity of the process model of deterrence. The results suggest that laws to increase the celerity and certainty of punishment will have little deterrent impact without enforcement and publicity of the new laws.

The Law and Criminology of Drunk Driving

Reliable information on patterns and frequency of drunk driving is difficult to obtain. The evidence suggests that driving under the influence is widespread-particularly among males. Today, a set of interrelated criminal laws, procedures, and administrative laws makes it easier to arrest, convict, and punish drunk drivers. Criminal investigation and law enforcement in drunk-driving cases have become simpler as impediments to apprehension, investigation, arrest, and conviction have been systematically removed. The effectiveness of the campaign against drunk driving has been difficult to assess because of the poor quality of data, the lack of carefully planned evaluations, and the difficulty in disentangling the effects of simultaneous intervention programs. Some drunk-driving campaigns seem to have short-term deterrent effects. Driver's license suspensions and revocations may play an incapacitative role. Alcohol treatment programs, however, do not appear to reduce recidivism among drunk drivers. Public education must be directed toward changing popular attitudes and behaviors associated with alcohol consumption.

Summary Driver's License Suspensions

Summary Driver's License Suspensions

A driving record analysis of suspension and revocation effects on the drinking-driving offender

Past studies have demonstrated that license suspension or revocation reduces subsequent DUI convictions and traffic accidents of multiple DUI offenders to a greater degree than jail sentences and fines alone, or participation in an alternative alcohol abuse treatment program. This study describes the duration of the impact of recidivism-Ievel-specific licensing actions on DUI offenders at three recidivism levels. Results indicate that the first DUI offender (who receives no licensing action) represents a DUI recidivism and accident risk comparable to the suspended second DUI offender during the year following their respective DUI convictions. Furthermore, additional record entries indicate that at least 32% of suspended second offenders drive during the period of the licensing action; at least 61% of revoked third offenders acquire a record entry during the licensing action. In addition to the results, major program recommendations concerning the first offender and the use of restricted licenses are outlined.

A survey of suspension and revocation effects on the drinking-driving offender

While previous studies have shown that driving during the term of a license suspension or revocation occurs frequently, the driver's assessment of the impact of the action has not been documented to any great degree. Analysis of the survey results reported here indicated that those who drove while under licensing action did so 20 times or more; however, 65% of the admitted drivers reported reduced exposure and more careful driving. Most respondents acknowledged that the licensing action they received was fair (55% of the admitted drivers and 61.5% of the non-admitted drivers did so). All drivers had an accurate perception of the applicable fines, had they received further convictions. However, they tended to believe that potential jail sentences were more severe than they actually were, especially those who did not admit driving. Sixty-five percent of all respondents admitted that they drove during the period of licensing action. Admission rates were approximately 55% for drivers with no additions to the record. For drivers with additions to the record, the admission rate was 75% for those with suspensions and 84% for those with revocations. In addition to the results, recommendations concerning use of restricted licenses for all DUI offenders were presented.

An evaluation of Washington's driving while intoxicated law: Effect on drunk driving recidivism

The 1980 Washington driving while intoxicated (DWI) law was evaluated to determine its impact on the subsequent driving behavior of persons convicted of DWI. The major provisions of this law were mandatory jail sentences for conviction of DWI and a change in the definition of DWI. The law made it illegal per se for a person to drive with a blood alcohol level of .10% or more. The law was intended to reduce the drunk driving and accidents of individuals convicted of DWI as well as deter such behavior among the general driving population. The study assessed the deterrence effect of the law on convicted DWI offenders. It was found that individuals convicted under the provisions of this law had higher accident rates and drunk driving recidivism rates than individuals convicted under the previous law. These increases suggest that mandatory jail sentences may fail to deter subsequent acts of drunk driving. It was concluded that alternative legal sanctions for DWI (such as license suspensions or revocations) may be sufficiently stringent to produce both general and specific deterrence of drunk driving.

Improving the effectiveness of drinking-driving enforcement through increased efficiency

After reviewing previous enforcement programs designed to reduce driving while impaired (DWI). it is proposed that DWI enforcement could be more effective if it is conducted more efficiently. A number of legislative changes which may improve efficiency are discussed including: per se laws, lower legal limits, random roadside checks, random breath testing, mandatory blood tests for injured drivers, administrative adjudication and short-term licence suspensions. Several operational changes are also addressed: police officer selection and training, use of visual detection cues, timing and location of enforcement. It is concluded that DWI enforcement could be more effective if highly publicized, periodic, night-time random breath testing blitzes were conducted in an unpredictable fashion as far as time and location.

For The Record: Grounds for Revocation or Suspension of a Pharmacist's License

For The Record: Grounds for Revocation or Suspension of a Pharmacist's License

Grounds for Revocation or Suspension of a Pharmacist's License

Grounds for Revocation or Suspension of a Pharmacist's License

Corroboration of drug abusers' self-reports through the use of multiple data sources.

Multiple data sources were used to evaluate the validity of 31 drug abusers' self-reports of recent drug use as well as related behaviors occurring 1 year before and 1 year immediately after admission to a drug-free therapeutic community. Interviews were conducted by individuals not associated with the program. At the initial interview subjects provided a breath test for alcohol and a urine sample to test for other recent drug use. Subjects also signed releases of information so that official records could be checked both before and after admission to treatment to document any hospitalizations, arrests, drug treatment facility stays, and driver's license suspensions or revocations. These multiple data checks showed that drug abusers' self-reports of recent alcohol and drug use and of arrests and hospitalizations over a 2-year period are sufficiently valid for use in treatment outcome research. When differences occurred, it was usually due to subjects reporting more events than appeared on the records.

The traffic safety impact of alcohol abuse treatment as an alternative to mandated licensing controls

Driving records were compared for drivers who were convicted of multiple driving-under-the-influence offenses (DUI). Two groups of drivers were identified in four demonstration counties which offered a 12-month alcohol abuse treatment program as an alternative to mandatory license suspension or revocation. The first group participated in the program and thereby retained their driving privilege while the second did not participate thus receiving the mandated licensing action. Since legislation prevented drivers from being randomly assigned to treatment or licensing action, a third group of suspended or revoked drivers were identified in four systematically selected comparison counties. Analysis of covariance and survival rate analytical procedures were employed to analyze the driving records 12 months subsequent to their entrance into the alcohol abuse treatment program or receipt of the licensing action. In general it was found that the multiple offender alcohol abuse treatment program, during the period of treatment, demonstrated no advantages over mandatory licensing controls.

Social Implications of Driver Disqualification: Reality and Road Traffic Laws

MOTOR vehicle accidents constitute one of the major health hazards in urban societies, and it has been widely argued that some drivers are worse accident risks than others due to factors such as personality, attitude or lack of ability. On this basis, it is reasonably tempting to suggest that the accident problem can best be solved by removing the unsafe motorist from the driver population. The present paper explores the legal sanction of driver disqualification in terms of its deterrent effects, and some social factors which limit these effects. In particular, four types of factors are examined which limit the effectiveness of this sanction: the low probability of apprehension of disqualified driving offenders; the uncertainty and inconsistency of punishment of these offenders; the attractiveness of this unlawful behaviour; and the inadequacy of alternatives to the unlawful behaviour. After consideration of these factors, it is evident that the penalty of licence suspension can have at best a minimal effect on road safety, and it is suggested that there is a need for a re-examination of the rationale underlying present traffic laws and penalties given the social value placed on motor vehicle operation.

MEDICAL LICENSURE: A COMPARATIVE VIEW.

As a lawyer engaged in legal education, I bring to this symposium the perspective of another profession and a citizen's concern about our health services. I begin with the point that the objective of a professional licensure system is to further the public welfare by the use of a public mechanism to assure a minimum level of competence of those engaged in professional activity. Of course, there is the substantial secondary purpose of maintaining conformity to professional standards, through the power of license revocation or suspension. A rather conspicuous development has been the proliferation of state laws the country over relative to licensing in various occupations which would not be classified as professional. It is my observation that an important consideration in much of this regulation has been the protection of persons we may describe as the ins, those already engaged in the activity. It is likely that in the

Suspension of License

Suspension of License

Suspension of License

Suspension of License