Part II, Criminal Law and Procedure: Aggravated Forms of Drunk Driving (From Drunk Driving: An American Dilemma, P 78-89, 1989, James B Jacobs -- See NCJ-116178)

• NCJ Number: 116180
• Author(s): J B Jacobs
• Date Published: 1989
• Length: 12 pages
• Sale Source: University of Chicago Press
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

This chapter canvasses criminal law efforts to sanction the most serious, dangerous, and culpable drunk drivers.

Abstract

American jurisdictions have not defined an aggravated form of drunk driving that would particularly stigmatize and punish the most egregious drunk-driving incidents. States should consider defining an offense of aggravated drunk driving that would cover drivers with very high blood alcohol levels, drunk drivers who drive recklessly, and drunk drivers who drink while driving. The law in most States distinguishes between drunk drivers convicted for the first time and those convicted two or more times within a time period as long as 10 years. The latter are treated as felons eligible for prison terms of a year or more. This grading scheme may be too crude an attempt to distinguish between serious and less serious drunk drivers. When drunk driving results in jury or death, a number of criminal statutes are applicable. Historically, drunk driving killings have been handled as lesser forms of homicide, but now there is public pressure to bring murder charges in such cases. The most appropriate strategy is to formulate charges according to the facts of each case, as prosecutors routinely do in other homicide cases. The most wanton reckless drunk drivers should be charged with murder; others should be charged with manslaughter. There is no reason for a special vehicular homicide offense or one narrowly tailored to drunk driving killings.