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Texas Economist Calls 'Zero Tolerance' Laws Ineffective
May 5, 2009

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Research Summary

Mandating drunk-driving charges against young drivers with any detectable amount of alcohol in their bodies has had no effect on the number of alcohol-related crashes or fatalities in the states where they have been implemented, according to a new study from a Sam Houston State University economics expert.

WBTX-TV reported April 24 that economics professor Darren Grant drew his conclusions from an analysis of 30,000 fatalities in nighttime crashes involving drivers under age 21, comparing data from states with zero-tolerance laws to those without such laws.

"If you look at the total number of accidents or the types of drinkers involved in these accidents, they just aren't affected," said Grant. "Other factors matter, but not these laws."

Grant said the flaw in the law is that it doesn't make the penalty for drunk driving harsher per se: "It is just harder to satisfy the law. Drivers now have to give up drinking all together. It's more exacting in that sense."

"Because you must sacrifice more to comply with the law, we should expect two responses: some people will comply and drink less, but others will just give up trying to satisfy the law and drink more, Grant said. "So we should not assume a zero-tolerance law will inevitably reduce drunk driving."

In fact, Grant found no change in the number of heavy drinkers or nondrinkers in the states with zero-tolerance laws. "Instead, among drivers involved in traffic accidents, there is the same fraction of heavy drinkers, the same fraction of mild drinkers, the same fraction of nondrinkers," he said. "It's just not changing."

The study, "Dead on Arrival: Zero Tolerance Laws Don't Work," will be published in the journal Economic Inquiry.

COMMENTS ON THIS ARTICLE:

Posted by Bill Godshall on 06 May 09 09:31 AM EDT
No rational person should be surprised at this finding, as zero tolerance laws have never been effective (except for making their proponents feel good). But its much easier abstinence only moralists and politicians to scapegoat and criminalize youth (for emulating adult behavior) than to advocate for reasonable and responsible policy changes (e.g. beer and liquor tax increases, alcohol marketing restrictions and teaching responsible drinking).

Posted by meltee on 06 May 09 12:56 PM EDT
As usual the issue is not a simple one. If it is illegal for youth to consume alcohol it would seem reasonable that impaired driving laws do not say "well, its ok to have a little bit of alcohol in your blood when you drive." From that perspective, 0 tolerance laws make some sense. Do 0 tolerance driving laws reinforce other laws and norms and reduce non-driving related drinking behavior? In any case, did not see that they increased DUI crashes, so they appear to do no harm. Another thing to consider is the question of awareness of the law and its enforcement. Studies of DUI laws consistently indicate they are more effective if the population believes offenders have a reasonable chance of being caught and penalized. It is possible this study took enforcement into account, but this is not apparent from the summary. Certainly 0 tolerance laws make it harder to mount a defense for those youth who are arrested for DUI. (yes the youth had been drinking, but no it was not over the limit, etc)

Posted by Ray on 07 May 09 12:16 PM EDT
He isn't the first to sate it and he won't be the last. Simple fact prohibition does not work. It never will...

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