Justice officials argue that drunken driving is an insidious problem that tougher sentences alone won't solve. Treatment programs coupled with intensive supervision, they assert, are more effective than jail in breaking the cycle of repeat arrests. What works, judges say, is putting jail time on hold as long as defendants remain in treatment and comply with repeat offender programs. Drivers who drop out get even harsher penalties than the state guidelines, she said. Recidivism is sharply lower among those who complete the program, a finding consistent with other counties.
Money is a factor, too.
Some judges said they have decided sentences with an eye on counties' crowded correctional facilities. Gerard Ring, chief judge for the 3rd District, which includes 11 southeastern Minnesota counties, and formerly a longtime judge in Olmsted County, said electronic monitoring was a popular alternative sentencing method there because it eased the demand for jail space.