Mandatory Jail Sentences in DUI Cases - Good or Bad?

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In recent years, lawmakers in many states across the country have opted to impose legislation that would require mandatory jail sentences for DUI offenders. These mandatory jail sentences apply to both first-time and repeat DUI offenders. The reaction by the public and the courts to mandatory jail sentences for DUI offenders has been mixed and is often a polarizing issue. The majority of people in this nation find driving under the influence to be unacceptable behavior. However, there are many varying ideas and opinions regarding whether DUI offenders should receive punishment or treatment for this type of behavior. In times past, judges had the authority to sentence DUI offenders using their own discretion. Some offenders were sentenced to treatment while others faced jail time. With the advent of mandatory jail sentences, instances such as these are now more the exception than the rule.

Mandatory jail sentences for the offense of driving under the influence have both advantages and disadvantages for the offender, the courts and the public at large. One of the biggest advantages of mandatory sentencing is also one of the disadvantages. In its original design, mandatory sentencing attempted to determine the punishment for DUI rather than leave the punishment to the discretion of the judge. Prior to the enactment of mandatory sentencing, how DUI offenders were treated could vary significantly from judge to judge. With mandatory sentencing, judges have a guideline to follow regarding sentencing and offenders should be able to know what to expect. Mandatory jail sentences prevent DUI offenders from being on the roadways for a specified period of time, which provides the public with a sense that justice has been served and their safety protected. Mandatory jail sentences for DUI represents the lack of tolerance the nation has for the offense of driving under the influence.

In practical terms, mandatory jail sentences do not reflect their original intent. Even with mandatory jail sentencing, judges have the authority to determine whether the offender actually spends his or her sentence in jail, at home, or at a halfway house. Because the court system is already overburdened, offenders facing DUI charges are often able to make plea deals rather than face a jury trial. DUI offenders may only be required to spend a few days or even a few hours in an actual jail cell. The rest of the mandatory sentence may be fulfilled while at home or a halfway house as long as the offender adheres to court mandated probationary conditions. Potentially, individuals convicted of DUI could be back on the roadways shortly after their DUI conviction. However, if every offender convicted of driving under the influence were to fulfill their mandatory jail sentence in jail, the cost to the taxpayers to house these offenders would be tremendous. DUI offenders that make plea deals and are placed on a probationary status typically have to pay for their court costs, treatment costs, and any other costs associated with their probationary conditions.

While mandatory jail sentences certainly have their advantages, the most significant disadvantage is borne by society at large. Essentially, the taxpayer is also being punished for another individual’s mistakes when DUI offenders are incarcerated. However, when DUI offenders are released back into society without having faced a mandatory jail sentence, these offenders may pose a risk to others on the roadways. The likelihood of some of these individuals being repeat offenders is high. Allowing judges to have discretion in DUI cases also has its advantages and disadvantages. The punishment for driving under the influence can vary from judge to judge, and some offenders may arbitrarily face harsher punishment than others. Flexibility in sentencing DUI cases may provide each offender with the course of action that will be most helpful to each specific individual. There is no easy answer or solution to DUI cases; therefore, more and more states are considering mandatory jail sentences.

 

 

 

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