There is a common misconception that most people who are convicted of their first drunk driving offense are social drinkers who made one mistake and learn from their conviction, never to drink and drive again. The truth is much more worrisome. Many first-time offenders are not really “first offenders.” Studies of enforcement patterns find that one arrest is generally made for every 88 instances of driving over the illegal limit. (Zador, et al, 1997) Thus, the average first offender will have driven drunk 87 times before being caught – some less, some more.

A first offender is also at a high risk of recommitting a drunk driving offense. Research has found that first offenders’ patterns of recidivism are generally similar to a drunk driving repeat offender. (Rauch, et al, 2002) Their BACs at time of arrest are almost as high as the BACs of repeat offenders. (Jones and Lacey, 2000) In places where interlocks are used for first offenders, as MADD recommends (link to interlock research page), they prevent driving after drinking every month on average. (Quaye and Boase, 2004) Thus, first offenders’ behavior tends toward recommitting the crime of drunk driving.

This is partly because those who are convicted of even their first drunk driving offense tend to have problems with alcohol. Over a three-year period, one judge sentenced all first offenders to clinical evaluation. Over eighty percent were assessed as problem drinkers or alcoholics. (Rauch, 2005) Other treatment studies confirm this (link to treatment)

For these offenders, MADD recommends (each of these should link to the individual research page for that topic):

• Ignition interlock devices
• Administrative license revocation
• Assessment and treatment
• And, of course, strong enforcement to deter and apprehend

Studies

• Jones, Ralph and John Lacey. “State of Knowledge of Alcohol Impaired Driving: Research on Repeat DWI Offenders.” DOT HS 809 027. Washington, DC: National Highway Traffic Safety Administration, 2000. <http://www.nhtsa.dot.gov/people/injury/research/pub/Alcohol-ImpairedDriving.html>
• Quaye, Kwei and Paul Boase. “First Time Drinking and Driving Offenders – Unraveling the Myth with Ignition Interlock and Short-Term Suspensions Data.” 17th Meeting of the International Council on Alcohol, Drugs and Traffic Safety. Glasgow, Scotland: August 8-13, 2004. http://www.icadts.org/t2004/pdfs/O115.pdf
• Rauch, William et al. “A Longitudinal Survival Analysis of Drivers with Multiple Alcohol-Related Traffic Offenses: Fifth Year Follow-Up of a Randomized Ignition Interlock License Restriction Trial in Maryland.” Proceedings of Alcohol, Drugs and Traffic Safety - T 2002: 16th International Conference on Alcohol, Drugs and Traffic Safety, August 4-9, 2002. Ed. D. R. Mayhew and C. Dussault, (Vol. 1, pp. 139- 144). Montreal, Canada: Société de l’assurance automobile du Québec, 2002.
• Rauch, William. “Does Alcohol-Impaired Driving Recidivism among First Offenders More Closely Resemble that of Multiple Offenders?” 6th International Symposium on Alcohol Ignition Interlock Programs, Annecy, France: September 25-27, 2005. http://www.trafficinjuryresearch.com/whatNew/newsItemPDFs/Bill_Rauch.pdf
• Zador, Paul, Sheila Krawchuk, and B. Moore. (1997) “Drinking and Driving Trips, Stops by Police, and Arrests: Analysis of the 1995 National Survey of Drinking and Driving Attitudes and Behavior,” Rockville, MD: Estat, Inc, 1997.