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Drunk Driving Laws and Enforcement - An Assessment of Effectiveness

NCJ Number
101728
Date Published
1986
Length
149 pages
Annotation
Based on the perspectives of researchers, judges, lawyers, and legislators, this 1985 project assessed the effectiveness of various drunk driving sanctions and law enforcement techniques in terms of their impact on alcohol-related accidents, the legal system, and the public.
Abstract
Sanctions and techniques evaluated included sobriety checkpoints, minimum drinking ages, 'per-se' laws, server liability for alcohol-related accidents, admissibility of evidence of alcohol impairment in civil cases, reduction or elimination of judicial discretion in sentencing first offenders, restriction or elimination of charge reductions, improved evidentiary aids and procedures, mandatory chemical testing of drivers involved in accidents, administrative summary suspension of the driver's license, separate offense with enhanced penalties for driving with a revoked or restricted license, and other approaches and programs (e.g., educational programs, presentencing investigations, and legislation prohibiting open containers in vehicles). Overall, it was found that legal justice system approaches to the problem have inherent limitations in reducing the incidence of alcohol-related accidents, and claims that increased enforcement and tougher laws alone will have a significant impact should be viewed with skepticism. Some measures are not feasible because of resource limitations or lack of public support. However, the measures examined have the potential for improving highway safety and the operation and fairness of the justice system. A combination of sanctions and enforcement techniques, public education, advanced technology, and improvements in the highway transportation system are the best hope for decreasing the alcohol-related accident risk. Appendixes and index.