Current DUI Offenders With Pending DUI Charges — Recidivism Insight From a Unique Offender Sample

current age of the offender, age of first conviction, prior criminal history, and prior arrest history (Nochajski & Stasiewicz, 2006). Males are more likely than females to receive a subsequent DUI charge (C’de Baca et al., 2001; De Michele & Lowe, 2011; Nochajski & Stasiewicz, 2006) and are mainly between 30 and 40 years old (Beck et al., 1999; C’de Baca et al., 2001; Stasiewicz et al., 2007; Veneziano et al., 1993). Moreover, DUI reoffenders are generally older than first-time offenders (Nochajski & Stasiewicz), and for male offenders, a young age at DUI conviction is identified as a recidivism predictor (Lapham et al., 2000). Race and ethnicity are predictors of offender status; however, rates of reoffending vary by region of the country (C’de Baca et al., 2001; Schell et al., 2006). In a report produced by the National Highway and Transportation and Safety Administration (NHTSA, 2010), Native Americans were identified as more likely to reoffend than whites and non-whites. This was consistent for those Native Americans who had completed their court-imposed treatment (Kunitz et al., 2002). Whites were identified as more likely to reoffend than African Americans, Hispanics, and Asians, and Asians were found to have the lowest rates of arrest for DUI and reoffending (NHTSA, 2010). Offenders who are married and have more than a high school education are less likely to be repeat offenders (Beck et al., 1999; C’de Baca et al., 2002; DeMichele & Lowe, 2011; Kunitz et al., 2002). Criminal history factors have also demonstrated strong predictive capabilities, notably history of arrests and convictions. DeMichele and Lowe (2011) found that repeat DUI offenders reported more arrests, incarcerations, and probation sentences for any offenses than first-time offenders. Moreover, the type of criminal offense is related to recidivism rates. DUI offenders with a history of property crimes were 1.4 times more likely to recidivate than those with only a DUI arrest, and DUI offenders with a history of property crimes and crimes against persons were two times more likely to recidivate (La Brie et al., 2007). Rauch and colleagues (2010) examined 100 million Maryland driving records to determine the impact of an initial alcohol-related violation (not just convictions) on recidivism. Results indicated that any alcohol-related violation, regardless of conviction, was associated with DUI recidivism (Rauch et al., 2010). Information collected at the time of the DUI has also been examined as possibly predictive, specifically blood alcohol content (BAC). Research results that have examined BAC as a predictor are mixed (Marowitz, 1998; Nochajski & Stasiewicz, 2006). Some studies have found a positive relation between high BAC and DUI recidivism, but others have found no relation between the two factors. Refusal to provide a breath test has been associated with DUI recidivism (Nochajski & Stasiewicz). Additional research has identified driving behavior (“bad drivers”) as a recidivism predictor (Bishop, 2011; Cavaiola et al., 2007; Donovan et al., 1990). As reported by Nochajski and Stasiewicz (2006), repeat DUI offenders were more likely to have been involved in additional motor vehicle crashes and to have received more traffic violations than first time DUI offenders. It has been suggested that DUI offenders are poorer drivers than first-time DUI offenders. Several studies have reported that DUI offenders who complete substance abuse treatment programs were less likely to reoffend than DUI offenders who did not complete treatment (Messina et al., 2006; Stasiewicz et al., 2007). Additional dynamic factors linked with recidivism include: