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

Jeffrey Denning, Benjamin Hansen, Lars Lefgren, Emily C. Leslie and Cody Tuttle

No 34425, NBER Working Papers from National Bureau of Economic Research, Inc

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.

JEL-codes: D63 J15 J78 K14 K42 (search for similar items in EconPapers)
Date: 2025-10
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