Secondly, in states where suspension is imposed as a penalty only after a criminal trial and conviction, the time between the arrest and license revocation is often long, and in some cases diversion programs allow the offenders to retain their licenses during the lengthy delay, factors which are associated with higher recidivism rates for drivers awaiting suspension. A study in New York determined that drivers arrested for impaired driving who were able to delay their criminal trials or avoid conviction had recidivism rates which were three times higher than those offenders processed in a timely manner and who were convicted of a DUI or a lesser traffic offense. One study in Maine found that the presence of monitors in courts hearing DWI cases was associated with lower rates of case dismissal and higher rates of convictions for drivers at or near the legal BAC limit and those who refused to be tested for BAC level, cases which were most likely to be dismissed or result in acquittal. This decline is thought to be largely due to the certainty, swiftness, and the appropriateness of the severity of the sanction. A recent study in Ohio supports the effectiveness of administrative suspensions in general, and also found decreased DUI recidivism among repeat offenders, even two years after suspension, especially when coupled with procedures to immobilize offenders' vehicles.
Experts recommend eliminating diversionary programs that allow offenders to keep their licenses.
Furthermore, license reinstatement following a DUI conviction could carry a lower BAC limit. Research in Maine on the effects of a .04 BAC limit for repeat DUI offenders indicated this lower limit was associated a substantial decrease in fatal alcohol-involved crashes among this group of DUI offenders. Persons caught driving while their licenses are suspended can be separated from their vehicle. This could be attained through impoundment or immobilization of the vehicle, or the license plates could be seized. This can occur administratively at the time of arrest.