NCJ Number
132011
Journal
Alcohol, Drugs and Driving Volume: 6 Issue: 3-4 Dated: (July-December 1990) Pages: 205-211
Date Published
1990
Length
7 pages
Annotation
This paper addresses several issues regarding the jurisprudence of drunk driving recidivism, examines some hidden assumptions, and questions whether the policy furthered by this jurisprudence is fair and efficacious.
Abstract
The idea of punishing drunk driving recidivists with special severity may seem appropriate, reasonable, and straightforward, but that notion may be based upon unexamined assumptions and images of "drunk driving recidivists" that bear little relation to the legal construction of drunk driving recidivism. Persons convicted of drunk driving twice within periods of time as long as 10 years have been defined as felons and subjected to the possibility of heavy prison terms and substantial fines. Drunk driving jurisprudence can be reoriented to focus on the BAC level and the dangerousness of the driving rather than on the mere repetition of the standard offense within a lengthy time frame. 7 references (Author abstract modified)