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

Author

Listed:
  • Jeffrey T. Denning
  • Benjamin Hansen
  • Lars Lefgren
  • Emily C. Leslie
  • Cody Tuttle

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.

Suggested Citation

  • Jeffrey T. Denning & Benjamin Hansen & Lars Lefgren & Emily C. Leslie & Cody Tuttle, 2025. "Same Crime, Different Time: Disparities in Judicial Outcomes for DWI Offenders," NBER Working Papers 34425, National Bureau of Economic Research, Inc.
    • Handle: RePEc:nbr:nberwo:34425
    Note: LE LS PE
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    More about this item

    JEL classification:

    • D63 - Microeconomics - - Welfare Economics - - - Equity, Justice, Inequality, and Other Normative Criteria and Measurement
    • J15 - Labor and Demographic Economics - - Demographic Economics - - - Economics of Minorities, Races, Indigenous Peoples, and Immigrants; Non-labor Discrimination
    • J78 - Labor and Demographic Economics - - Labor Discrimination - - - Public Policy (including comparable worth)
    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law

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