Diversion or Conviction? Sentencing of First-Time DUI Offenders

• In Event: The Rationales and Goals of Sentencing

Abstract

Driving under the influence of alcohol has typically been viewed as a unique type of crime, because it criminalizes behavior that may be rooted in psychological and medical disorders. As a result, DUI offenders are often assumed to have high rehabilitative potential. This study investigates the question of perceived rehabilitative potential by examining the individual, offense, and county characteristics that are related to first-time DUI offenders being selected for a diversion program (Accelerated Rehabilitative Disposition; ARD) rather than criminal prosecution and conviction. Analyses of data from the Administrative Office of Pennsylvania Courts investigate which legal characteristics, such as offense severity and prior record, predict the imposition of ARD . County factors, including the availability of alcohol treatment programs, are also analyzed to test whether they were related to how DUI cases were handled.

Authors

• Lauren Knoth, Pennsylvania State University

• Barry Ruback, Pennsylvania State University