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It took less than one drink to get Shannon Wilcutt busted for felony DUI

Continued from page 3

Published on March 20, 2008

It all comes down to our attitude about drinking. Groups like MADD have done such a great job humanizing the victims of drunk drivers, but we forget about the bigger picture. ADOT statistics show that in 94.5 percent of all car accidents in Arizona in 2006 (the most recent year available), drivers involved had not a drop of alcohol in their systems. Six times as many accidents were caused by speed as by alcohol impairment.

But we still want to throw the book at tipsy drivers — even tipsy drivers who aren't involved in crashes. Thanks to new laws passed by the Arizona Legislature last year, DUI penalties here are among the toughest in the nation.

For a first DUI, even if the driver never hit anything and is barely above the legal limit, the penalty is still 10 days in jail, $1,500 in fines, and an interlock device on the car for a year. (It's worse if you're extremely drunk. Get popped with blood alcohol content of 0.20, and even if it's your first offense, you're looking at 45 days in jail, $6,300 in fines and fees, and an interlock device for 18 months.)

And what about Shannon Wilcutt? With a child under 15 in the car, her offense was automatically a felony. She could have faced up to $150,000 in fines and fees, plus jail time.

The possibility of such harsh punishment is having a serious effect on the system, and it's not necessarily what lawmakers intended. Karyn Klausner is a former municipal court judge who now handles numerous DUI cases as a lawyer at the Gillespie Law Firm in Phoenix. She says more and more defendants are choosing to pay for lawyers — and go to trial — rather than face the Legislature's mandatory minimums. And the defendants are winning.

"In many instances, people don't have anything to lose by going to trial," Klausner says. "So we fight like hell. It's inundating the prosecutors, costing the state lots of money — and they're losing. These are decent prosecutors, but in a trial, you never know what's going to happen."

And here's the sick part. Harsh penalties make defendants squirm, but studies show that they don't actually prevent drunk drinking.

It's way too soon to see what effect Arizona's new DUI laws are having. It'll be at least two years before we have any data that show whether there's been a change in accident rates.

If history is any indicator, though, we may be disappointed.

Alexander Wagenaar is a professor of epidemiology and health policy at the University of Florida. He doesn't share my views about social drinkers; he admits he'd like to see the United States set the legal limit even lower than 0.08, as it is in Europe.

But Wagenaar has made his name by studying what actually reduces drunk driving — and his results might surprise Arizona legislators. Mandatory jail time and heavy fines, his studies conclude, are not effective deterrents.

Far more effective, researchers have found, are immediate license revocations. If it happens quickly, and happens to everyone who's busted, revocation can be a serious deterrent, Wagenaar says.

"If you're arrested for a DUI, and a year later you end up getting a $1,000 fine and a weekend in jail, that's a lot less effective of a deterrent than sitting at the roadside at 2 a.m., watching as they tow away your car," he says.

The point of long jail sentences and fat fines isn't deterrence — it's punishment, Wagenaar says.

"If a driver is endangering the lives of others, then justice demands you have a penalty. But whether it's the most effective preventative tool is a much more open question."


Nearly a year ago, I wrote about 83-year-old Phil Cisneros. His case doesn't have the most immediate link to Shannon Wilcutt and Diana Sifford, because Cisneros really was guilty — his blood alcohol content was well above 0.08.

But what happened to Phil Cisneros last year says a lot about our attitude toward DUIs and, indeed, toward anyone who gets caught in the criminal justice system here.

Here's the backstory: Cisneros had racked up a number of DUI convictions in the 1980s while his wife fought Alzheimer's and soon after her tragic death. But then he remarried, and seemed to be walking the straight and narrow. He stopped driving, for one thing; his neighbors in Maricopa would later aver to the court that they never saw him behind the wheel of a car. (See "Death Sentence," June 21, 2007.)

Then, returning from a trip to Mexico as a passenger in his new wife's car in early 2007, Cisneros was flagged by the border patrol and hauled away to jail. Turns out he had been convicted in absentia for his last DUI, in 1998, and had never showed up to serve his sentence.

Last spring, Gila County Judge Robert Duber sentenced him to three years in prison.

Not jail. Prison.

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