IN 1983, INDIANA ENACTED A LAW MANDATING THAT ANYONE CONVICTED A SECOND OR SUBSEQUENT TIME OF OPERATING WHILE INTOXICATED (OWI) RECEIVE A MINIMUM OF 48 CONSECUTIVE HOURS IN JAIL OR 10 DAYS OF COMMUNITY SERVICE. A REPRESENTATIVE RANDOM SAMPLE OF INDIANA COUNTIES WAS USED TO DETERMINE THE EXTENT OF IMPLEMENTATION OF THIS LAW BY THE COURTS IN 1984 AND 1985. ANALYSIS OF THE 1984 DATA CONCLUDED THAT NEARLY 70% OF THE CASES DID COMPLY WITH THE LAW IN ITS FIRST YEAR OF IMPLEMENTATION. HOWEVER, 13.8% OF THE RECIDIVISTS RECEIVED NEITHER JAIL NOR COMMUNITY SERVICE. ANOTHER 17.6% SERVED SOME JAIL TIME AND/OR COMMUNITY SERVICE, BUT NOT OF A SUFFICIENT LENGTH TO COMPLY WITH THE LAW. OVERALL COMPLIANCE INCREASED TO 75% IN 1985, WHILE THE PROPORTION WHO RECEIVED NEITHER JAIL NOR COMMUNITY SERVICE INCREASED TO 17%. SEVERAL SPECIFIC CAUSES FOR NONCOMPLIANCE ARE IDENTIFIED AND RECOMMENDATIONS FOR THEIR CORRECTION ARE OFFERED. IT IS FELT THAT THE INDIANA EXPERIENCE DESCRIBED IN THIS PAPER WILL PROVE INSTRUCTIVE TO OTHER STATES WITH NEWLY-STRENGTHENED OWI LAWS.(Author/publisher).
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