There Are Thousands of Reasons Why We Should Do More to Stop Drunk Driving

The Case for Graduated Penalties

Few policy efforts have been as successful as the campaign against drunk driving. In the past 25 years, the number of drunk driving deaths has fallen dramatically. Just as important, the public’s attitude has undergone a significant change. Today, thanks to the efforts of the hospitality industry, elected officials and law enforcement, the nature of the drunk driving problem has been reduced to a small number of product abusers.

In many cases, these hard-core offenders have alcohol use disorders and, as a result, do not respond to the traditional public appeals. Attacking this cohort requires specific and targeted measures.

This chart from the National Highway Traffic
Safety Administration clearly shows that drivers
with high blood alcohol contents represent a
deadly menace to traffic safety.

ABI supports a multi-tiered system of sanctions that ensures those drivers who pose the biggest safety risk—drivers with very high blood alcohol concentration (BAC) and multiple drunk driving convictions—receive appropriate punishment. In addition to stiff penalties, the system also encompasses extensive alcohol screening and treatment requirements, so that those drivers who have alcohol abuse problems will get the help they need to change their behavior.

One valuable aspect of this system is that it is designed to conform to current federal guidelines. Adopting the specific sanctions outlined here will help states to satisfy certain federal criteria to qualify for federal grants to combat drunk driving.

Of course, millions in federal grants won’t be effective if a state’s program fails to tackle today’s drunk driving problem. The goals of ABI’s new campaign are simple: target truly drunk drivers, get them off the road, apply the sanctions they deserve, and get them the treatment they need.

Graduated Penalty System

BAC Threshold	1st Offense	2nd Offense	3rd Offense
0.20+	$2,000 Fine 1 year suspension Alcohol abuse problem assessment and mandatory completion of alcohol treatment program 15 days community service	$3,000 Fine 10 days jail & 10 days house arrest (5 days jail or 30 days comm. service) Alcohol abuse assessment and mandatory completion of alcohol treatment program Monitoring technology, such as an ankle bracelet, for 6 months 1 year suspension Immobilization / impoundment / ignition interlock after suspension	$4,000 Fine 30 days jail (10 days jail or 60 days community service) Alcohol abuse assessment and Mandatory clinical substance abuse program Alcohol abuse assessment (and treatment as appropriate) annually for 5 years Monitoring technology, such as an ankle bracelet, for 1 year 1 year suspension Immobilization / impoundment / ignition interlock after suspension
0.15—0.19	$1,000 Fine 1 year suspension Alcohol abuse problem assessment with possible referral	$1,500 Fine 5 days jail & 30 days community service 1 year suspension Alcohol abuse assessment (and treatment as appropriate) Immobilization / impoundment / ignition interlock after suspension	$2,500 Fine 10 days jail & 30 days community service Alcohol abuse assessment and mandatory completion of alcohol treatment program Monitoring technology, such as an ankle bracelet, for 30 days 1 year suspension Immobilization / impoundment / ignition interlock after suspension
0.11—0.14	$400 Fine	$1,000 Fine 30 days community service 1 year suspension Alcohol abuse assessment (and treatment as appropriate) Immobilization / impoundment / ignition interlock after suspension	$2,000 Fine 5 days jail & 60 days community service 1 year suspension Alcohol abuse assessment (and treatment as appropriate) Immobilization / impoundment / ignition interlock after suspension
0.08—0.10	$200 Fine	$500 Fine 30 days community service 1 year suspension Alcohol abuse assessment(and treatment as appropriate) Immobilization / impoundment / ignition interlock after suspension	$1,000 Fine 60 days community service 1 year suspension Alcohol abuse assessment (and treatment as appropriate) Immobilization / impoundment / ignition interlock after suspension

(Look Back Period: 5 years)

NOTE: For offenses that occur during a license suspension period, all of the fines, jail and community service times would be doubled.