Work

Same Crime, Different Time: Disparities in Judicial Outcomes for DWI Offenders

Year: 2025

Type: report

Abstract: We examine disparities in judicial outcomes among people charged with Driving While Intoxicated (DWI), a setting in which legal guilt is objectively determined by breath alcohol content (BrAC). Focusing on first-time offenders with no aggravating circumstances and BrAC above the legal threshold, we find that race, gender, and financial resources strongly predict the likelihood of incarceration and case dismissal. Defendants with greater socioeconomic advantage are more likely to access rehabilitative alternatives and avoid criminal records. We discuss how these outcome differences may reflect not only disparities in options offered by the court, but also in defendants’ choices among them. Institutional subscribers to the NBER working paper series, and residents of developing countries may download this paper without additional charge at www.nber.org.

Source: National Bureau of Economic Research

DOI: 10.3386/w34425

Authors: Jeffrey Denning, Benjamin Hansen, Lars John Lefgren, Emily Leslie, Cody Tuttle

Institutions: The University of Texas at Austin, National Bureau of Economic Research, University of Oregon, IZA - Institute of Labor Economics, Brigham Young University

Language: English

Topic: Criminal Justice and Corrections Analysis

Subfield: Sociology and Political Science

Field: Social Sciences

Domain: Social Sciences

SDGs: Reduced inequalities, Peace, justice, and strong institutions

Open Access status: green

OpenAlex ID: W4415829894

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