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Sentencing the Drunk Driver - A Call for Change (From Drunk Driving in America, P 25-35, 1986, Stephen K Valle, ed. - See NCJ - See NCJ-104432)

NCJ Number
104434
Author(s)
A L Kramer
Date Published
1986
Length
11 pages
Annotation
The sentencing of drunk drivers needs to change to reflect the fact that drunk drivers are largely alcoholics who are seriously addicted and are threats to public safety.
Abstract
The Alcohol Safety Action Program (ASAP) model currently used for first offenders assumes that these offenders are overindulging social drinkers who are otherwise law-abiding and who can be taught to moderate their drinking. However, a Massachusetts probation study showed that 44.8 percent of all first offenders and 67 percent of all drunk driving offenders have prior criminal records, mostly related to alcohol. A comprehensive assessment of all 1,252 first offenders convicted of drunk driving in the Quincy, Mass., court between November 1982 and March 1985 showed that 82 percent were alcoholics or problem drinkers and only 18 percent were social drinkers. Pennsylvania statistics on 40,724 convicted drunk drivers showed that 78 percent were problem drinkers. The ASAP model of alcohol and driver education is totally inappropriate for such a population. Based on these findings, the Quincy court has changed to a sentencing strategy that aims to compel offenders diagnosed as high-risk drinkers to abstain from any drinking. The approach is a form of coerced, intensive, and monitored treatment. The program's dropout rate is less than 10 percent. An initial followup study has shown greater abstinence and less alcohol consumption than in offenders using the ASAP program. Sentencing must recognize the true nature of the offenders and initially incapacitate those who do not respond to community treatment. 18 references.

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