Objectives:​ The current study examined the relationship between court outcomes of a first alcohol-impaired driving charge and recidivism.

Methods:​ Data on arrests for alcohol-impaired driving offenses (driving under the influence [DUI] and the lesser offense of driving while impaired [DWI]) and associated court dispositions were obtained from the State of Maryland for 1994–2003. Drivers whose first DUI- or DWI-related disposition took place during 1999–2000 were included in analysis. Eighty-two percent of arrests resulted in conviction (29% without probation before judgment [PBJ] and 53% with PBJ);​ 10 percent of defendants were not prosecuted, 3 percent were acquitted, and all other adjudications combined (eg, abated by death, failure to appear) accounted for 5 percent. Recidivism was tracked by compiling instances of rearrest for an alcohol-related driving offense during the 3 years following disposition.

Results:​ Approximately 10 percent of all drivers arrested for DUI/DWI recidivated within 3 years after their first disposition, and the rate of recidivism varied by court outcome. The rate of recidivism was lowest (10%) for drivers who were convicted (with or without PBJ), followed by 13 percent for cases not prosecuted and 16 percent for acquittals. After controlling for other factors and relative to drivers who were acquitted, it was estimated that drivers who were not prosecuted were 23 percent less likely to recidivate, whereas drivers who were convicted with or without PBJ were 39 percent less likely to recidivate.

Conclusions:​ Data limitations prevented comparison of recidivism rates for convictions with and without PBJ. Reasons for not prosecuting are unknown, but the findings indicate that the decision is resulting in higher recidivism rates than would occur with prosecution and conviction.