How judges sentence DUI offenders: an experimental study.

ABSTRACT

This study examined the impact of 1) a DUI offender's blood alcohol level at the time of arrest and 2) the number of prior drunken driving convictions on judges' sentencing patterns. These variables were manipulated using vignettes that were presented to all judges who sentence drunken drivers in Colorado. Judges were asked to determine appropriate amounts of jail time, fines, public service hours, and alcohol education course work. Results indicated that they gave more severe sentences to offenders with prior records and to those with higher blood alcohol levels. The effects were generally stronger for the first variable, prior record. These findings suggest that judges may perceive of and sentence repeat offenders differently than first-time offenders, regardless of the level of intoxication at arrest.