Fa. Sloan et al., EFFECTS OF TORT-LIABILITY AND INSURANCE ON HEAVY DRINKING AND DRINKING AND DRIVING, The Journal of law & economics, 38(1), 1995, pp. 49-77
Using self-reported data on patterns of alcohol use among individuals
from the 1989-90 Behavioral Risk Factor Surveys, this study investigat
es effects of tort liability and third- and first-party insurance, alc
ohol prices, and criminal sanctions on frequency of binge drinking and
driving under the influence of alcohol (DUI). Requiring drivers to pu
rchase third-party insurance discouraged binge drinking, especially in
states combining compulsory insurance with a surcharge for a DUI. Imp
lementation of no-fault laws and switching from contributory to compar
ative negligence increased binge drinking, while higher alcohol prices
reduced it. With one exception, neither tort nor nontort deterrents a
ffected the fraction of bingeing episodes after which the individual d
rove. Overall, it appears that deterrence of DUI is achieved by curbin
g behavior that leads to DUI, namely, binge drinking. Once individuals
engage in binge drinking, it appears that many policies designed to b
e deterrents have little influence.