New Jersey Criminal Defense Blog

Some interesting news for DWI defendants was released today: A scientific study shows that lengthy license suspensions, heavy fines and jail time do not deter intoxicated driving. The study, led by Alexander Wagenaar of the University of Florida’s College of Medicine, will be published in the August issue of the medical journal Alcoholism: Clinical & Experimental Research.

In one of the largest studies on this subject, Wagenaar and his colleagues examined intoxicated driving over 26 years in 46 states. They were interested in whether common penalties for a DWI/DUI arrest affected rates of fatal crashes. The conclusion, which we are sure will not surprise New Jersey DWI attorneys: Post-conviction license suspensions, jail time and fines all have next to no effect on the rate of fatal car wrecks. It makes sense. After all, who thinks about that sort of legal minutiae when making daily decisions? It’s only after a DWI arrest that many of our clients learn how steep the penalties are.

So what does work? According to the study, laws mandating that an intoxicated driver’s license be taken away on the spot work. Again, this makes sense: A driver who tests positive for alcohol now is a threat now, not in eight months. And New Jersey, of course, is one of just nine states that don’t have such a law. In short, New Jersey’s DWI laws don’t work, but they still have permanent, serious and harsh consequences for convicted drivers. These include thousands of dollars in fines and fees, license suspension, possible jail time and more -- not to mention a steep rise in auto insurance costs. And that’s not even counting the costs of not being able to drive, which can seriously cripple a person’s ability to work, take care of kids and perform other routine tasks of life.