Conviction rates among hospitalized DUI/DWI drivers

Objective: Investigations from the USA show that hospitalization of injured drunken drivers seems to provide an opportunity to escape the legal consequences for drunken driving, as in most cases only 17% or less of such cases are convicted, although one investigation detected a conviction rate of 40%. Method: In the present investigation, we have analysed 125 injured and hospitalized motor vehicle drivers in the northern part of Sweden. Blood samples were analysed for the presence of alcohol, licit drugs and illicit drugs. Results: Alcohol and/or drugs were detected in 25 cases; 10 cases tested positive for drugs, 13 for alcohol and 2 for both. Eighty-five percent of the drivers testing positive for alcohol were convicted of driving while under the influence (DUI) or driving while intoxicated (DWI), whereas 1 of the 10 drivers with positive drug test was convicted of DUI, and three of reckless driving. Conclusions: In Sweden, hospitalization is obviously not a way of escaping conviction for drunken driving. The reason for this is probably the routine procedure of contacting the police at same time as the ambulance whenever a traffic crash occurs, and that blood specimens (or breath analyses) are almost routinely requested by police in motor vehicle crashes.