DUI/DWI in USA: Example of Westchester County, New York

Introduction

A large proportion of drivers whose driving is impaired by alcohol go undetected, as evidenced by the fact that at least two-thirds of the most serious (i.e., fatal) alcohol-involved crashes are caused by drinking drivers who have never before been apprehended by the police. This finding is confirmed by roadside breath-test surveys that determine the number of drinking drivers on U.S. roadways (Fors, 514). Based on such surveys, estimates of the number of times a person drives drunk before being arrested have ranged from 300 to 2,000 (Mcknight, 81). Thus, both DWI arrests and crashes are infrequent occurrences for intoxicated drivers. This observation has two implications for the courts in handling DWI offenders. First, few drivers coming before the courts for the first time are actually first-time offenders. Most have driven under the influence many times without being apprehended. Second, many people who drive while impaired do not get caught and arrested or are not involved in crashes. This paper investigates famous Taconic State Parkway Accident in this relevance which took place in Westchester County, New York.

DUI/DWI Laws in USA

According to Ross as a result of the low probability of being apprehended for DWI, many offenders who come before the court will never be arrested again (i.e., will not be considered recidivists), regardless of the action the court takes or whether the offender continues drinking and driving. Another factor influencing recidivism rates is the fact that spontaneous changes in impaired driving behavior occur in many people's lives. Thus, many people who drink and drive at one point in their lives may subsequently change their drinking or driving behavior and avoid driving while impaired without undergoing any formal intervention from either health or legal agencies. Finally; the number of recidivists obviously depends on the level of enforcement in the community as well as the effectiveness of court-sanctioning programs.

Some information exists regarding the recidivism rates of people convicted of DWI. For example, data from the State of Michigan, which maintains a 10-year record of DWI convictions in its drivers file, indicate that 38 percent of first-time offenders commit a second offense (Jones, 808). In other words, approximately two-thirds of first-time DWI offenders do not commit or are not apprehended for a subsequent offense. Unfortunately, it is difficult to determine what portions of this "success" are attributable to court actions, to spontaneous behavior changes that would have occurred independent of the arrest and conviction for DWI, or to the low probability of being apprehended.

The fact that more than one-third of first-time DWI offenders are re-arrested has led to concerns about "hard-core" drinking drivers who are so frequently impaired when driving that they have a record of multiple convictions despite the generally low apprehension rates. These drivers are at especially high risk of being involved in alcohol-related crashes (Jones, 58). Based on their analyses, Ross suggested a definition for hardcore drinking drivers that includes all multiple offenders and first-time offenders who have high blood alcohol ...