Driving Under the Influence: The Impact of Legislative Reform on Court Sentencing Practices

Abstract

In 1982, California introduced a number of revisions into its Vehicle Code sections dealing with the prosecution and sentencing of defendants charged with driving under the influence of alcohol. These revisions included redefining the relationship between blood alcohol concentration and criminal liability, constraints upon the plea-bargaining process, and an increase in the severity of penalties. An assessment is offered, based upon a random sample of 2,091 cases from one California county, of the impact of legislative reform on court sentencing practices. While the new law succeeded in eliminating “prior conviction” bargaining, the “reduction to reckless driving” form of bargaining, though initially substantially reduced, quickly rose again to prereform levels. Contrary to expectations, trial rates increased and rates of conviction at trial decreased. Problems of court congestion were exacerbated rather than relieved. The impact of increased penalties has been substantial for some offenders and for others negligible.