Deterring Drunken Driving Through Humiliation
Subtitle: Analysis of a Midwest City
By: edited by David R. Morgan
Publisher: Center for Economic & Management Research
Published: June 1988
Place of publication: Norman, OK
Format: Paperback
ISBN-13: 9789991342207
Subjects: Reference
Notes: More than 1.2 million arrests are made each year for drunken driving. Unfortunately, for every drunken driver arrested, there are 2,000 others who are not. It has been estimated that one of every ten drivers on the nation's streets and highways on any given weekend are drinking under the influence of alcohol. The accident and death rates attributable to DUI has been fairly well established. This connection has led to a growing concern about DUI offenders and their punishment/deterrence. However, considering the aforementioned statistics, it would seem clear that the deterrence factor has not been established in regard to the DUI offender. In an effort to establish this deterrent, a practice from colonial America is being revived in some parts of modern America. Shaming or humiliating the DUI offender is a punishment currently being used in Midwest City, Oklahoma.

Origins of the Program.

In the fall of 1984, representatives of Mothers Against Drunk Driving (MADD) attended a meeting of the Midwest City Traffic Safety Board. Midwest City has several “citizen action” boards to advise the city government on various activities of ongoing interest. These boards, composed of civic minded individuals, provide concerned citizens a direct channel of communication to the Midwest City municipal government. MADD proposed a new farm of punishment for the DUI offender -- a bumper sticker that would be affixed to the DUI offenders vehicle. With the recommendation of the board, and the enthusiastic support of Midwest City Municipal Judge, Ken Spears, and the Midwest City Police Department. the concept was implemented at the beginning of the next year.

A convicted drunken driver in Midwest City may face jail, a fine or a bumper sticker that reads: “I am a convicted DUI driver. Report any erratic driving to the Midwest City Police.” The stickers are issued either separately or in conjunction with other penalties. Under the court’s rules, the bumper sticker must be displayed for six months. During this time the Midwest City police check the odometer to make sure the car is actually being driven and seen on the road.

Not surprisingly, this form of punishment is controversial. Currently a $5.5 million civil rights lawsuit challenging Midwest City’s bumper sticker program is under litigation in U.S. District Court. This paper will examine four major areas. First, the problems that drinking drivers pose. Second, the traditional means of dealing with DUI offenders. Third, the Midwest City program, which will analyze the premise and the effectiveness of the policy. Lastly the legal ramifications of this form of punishment will be examined.