Simon Comments on DWI Sentencing

Professor Stephen Simon, founder and director of the Minnesota Criminal Justice System DWI Task Force, was quoted in a Minneapolis Star Tribune article that explored intensive intervention rather than straight jail time for drunken drivers in Minnesota. Judges in Hennepin, Isanti, and Scott Counties were mentioned as imposing such sentences as mandatory alcoholism treatment, electronic home monitoring, random Breathalyzer checks, community service that includes speaking to groups, and staggered sentencing that extends probation for several years. Such interventional sentences are becoming more common as judges try to balance punishment with accomplishing a purpose: reduced recidivism. But some families and prosecutors are critical of what they consider inappropriately light punishment. In choosing such intervention, judges look for offenders who are remorseful and amenable to treatment. In addition, Professor Simon said, they usually consider intent, and according to studies, most drunken drivers do not intend to kill. Professor Simon has researched and published extensively in the area of DWI and traffic safety and was chair of the 1992 Minnesota Legislature Commission on the Treatment and Confinement of DWI Recidivists. “Research shows straight prison time doesn't deter repeat drunken driving. But recidivism is reduced with alternatives such as staggering jail time over several years or by intensive probation that sends offenders to outpatient alcohol-treatment programs,” Professor Simon told the Star Tribune. He went on to say that Minnesota has strong drunken driving consequences, including seizure of the driver’s license for refusing a breath-alcohol test, seizure of vehicle plates, and seizure of the vehicle for a third offense.