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ADMINISTRATIVE ADJUDICATION OF DRIVING-WHILE-INTOXICATED OFFENSES (FROM HIGHWAY SAFETY, TRAFFIC RECORDS, AND LAW ENFORCEMENT)

NCJ Number
45595
Author(s)
M H WAGNER
Date Published
1976
Length
7 pages
Annotation
A PROGRAM OF INCREASED ARRESTS OF DRUNK DRIVERS AND A SIMPLIFIED PROCESS OF ADJUDICATION IS PROPOSED TO ASSIST IN APPREHENSION AND REDUCTION OF RECIDIVISM OF DRINKING DRIVERS AND IN EARLY IDENTIFICATION OF ALCOHOLICS.
Abstract
RESEARCH HAS SHOWN THAT ALCOHOL IS THE MOST SIGNIFICANT SINGLE FACTOR LEADING TO FATAL AUTOMOBILE CRASHES. IT HAS ALSO ESTABLISHED THAT PROBLEM DRINKERS OR ALCOHOLICS, WHO REPRESENT ABOUT SEVEN PERCENT OF THE DRIVING POPULATION, ARE RESPONSIBLE FOR APPROXIMATELY TWO-THIRDS OF THESE FATAL CRASHES. METHODS OF DEALING WITH THE PROBLEM WHICH HAVE BEEN TRIED IN VARIOUS CITIES, STATES, AND OTHER COUNTRIES HAVE RANGED FROM SEVERE SANCTIONS FOR THOSE CONVICTED OF DRIVING WHILE INTOXICATED (DWI) TO EDUCATIONAL COUNTERMEASURE PROGRAMS INVOLVING EXTENSIVE EVALUATION. ANALYSES OF THE RESULTS OF THESE PROGRAMS HAVE BEEN INCONCLUSIVE. A REVIEW OF THE ATTITUDES OF POLICE, PROSECUTORS, AND COURTS SHOWS THEM TO BE RELUCTANT TO ARREST, PROSECUTE, CONVICT, AND APPLY SEVERE SANCTIONS TO DRUNK DRIVERS. LITTLE ATTENTION IS GENERALLY PAID TO THE SERIOUSNESS OF THE PROBLEM, AND THE DRUNK DRIVER IS OFTEN REGARDED AS AN AVERAGE CITIZEN WHO HAPPENED TO GET CAUGHT. THE AUTHOR CONCLUDES THAT IT IS NECESSARY TO LOOK TOWARD TOTALLY NEW CONCEPTS FOR APPREHENDING DRINKING DRIVERS, IDENTIFYING THEIR INDIVIDUAL NEEDS, AND TAKING THE NECESSARY ACTIONS THAT WOULD REDUCE THE INCIDENCE OF RECIDIVISM. THE RECOMMENDED PROGRAM WOULD DECRIMINALIZE THE FIRST DWI OFFENSE AND PROCESS THESE CASES THROUGH AN ADMINISTRATIVE ADJUDICATION PROCEDURE. THIS ASSUMES THAT ARRESTS OF DWI OFFENDERS WOULD INCREASE IF THE TIME REQUIRED FOR THE ARREST AND TRIAL OF AN OFFENDER WERE REDUCED. INCREASED DETECTIONS WOULD PROVIDE THE ALCOHOL COUNTERMEASURE PROGRAM OF THE COMMUNITY WITH A SYSTEM THAT IDENTIFIES PROBLEM DRINKERS. SECOND OFFENDERS WOULD BE PROCESSED THROUGH EXISTING CRIMINAL COURT STRUCTURES. REFERENCES ARE PROVIDED. (VDA)