NCJ Number
55000
Date Published
1978
Length
8 pages
Annotation
LEGAL AND MORAL ASPECTS OF DRIVING WHILE INTOXICATED AND BIOCHEMICAL ANALYSIS OF ALCOHOL BLOOD LEVELS ARE ADDRESSED, AND PUBLIC ATTITUDES TOWARD PRO MILLE LIMITS IN NORWAY ARE EXAMINED.
Abstract
THE GENERAL PREVENTIVE INFLUENCE OF THE CRIMINAL JUSTICE SYSTEM EMBRACES BOTH DETERRENCE AND MORALITY. A PREREQUISITE FOR LAWS TO HAVE A GENERAL PREVENTIVE EFFECT, EITHER THROUGH THE CREATION OF A NORM OR THROUGH DETERRENCE, IS THAT POTENTIAL OFFENDERS BE AWARE OF THEIR CONTENT. THE DEFINITION OF AN OFFENSE IS OFTEN MORE COMPLICATED IN CASES WHERE THE OFFENSE ITSELF HAS NO MORAL BASIS. IN NORWAY, DRUNKEN DRIVING PROVIDES AN EXAMPLE OF AN OFFENSE WHERE THE MORAL BASIS MAY BE DISPUTED AND THE FACTUAL DEFINITION APPEARS COMPLICATED. DRIVING WHILE INTOXICATED IS DEFINED AS OPERATING A MOTOR VEHICLE WITH A BLOOD ALCOHOL CONTENT OF 0.5 PRO MILLE, I.E., 50 MILLIGRAMS OF ALCOHOL PER MILLILITERS OF BLOOD OR MORE. THIS DEFINITION GIVES NO INFORMATION ABOUT HOW THE PERSON INVOLVED CAN JUDGE WHETHER HE OR SHE CAN DRIVE WITHOUT INCURRING CRIMINAL LIABILITY. IN ORDER TO JUDGE THE EFFECT OF ALCOHOL CONTENT IN BLOOD, IT IS NECESSARY TO HAVE KNOWLEDGE OF THE RESULTS OF BIOCHEMICAL RESEARCH RELATING TO THE INTAKE AND ABSORPTION OF ALCOHOL IN THE BODY. TO ASCERTAIN THE EXTENT OF PUBLIC KNOWLEDGE OF THE PRO MILLE LIMIT IN NORWAY, A SURVEY OF 1,590 PERSONS AGED 15 YEARS AND OVER WAS CONDUCTED. YOUNG PERSONS HAD A BETTER KNOWLEDGE OF THE LIMIT THAN OLDER PERSONS, AND MEN HAD A BETTER KNOWLEDGE THAN WOMEN. RESPONDENTS WITH HIGHER LEVELS OF INCOME AND EDUCATION KNEW THE LIMIT MORE OFTEN THAN THOSE WITH LOWER LEVELS OF INCOME AND EDUCATION. BACKGROUND FACTORS AFFECTING LEVEL OF KNOWLEDGE WERE WHETHER THE RESPONDENT HAD A DRIVING LICENSE AND WHETHER HE OR SHE CONSUMED ALCOHOL. WITHIN THE GROUP OF PERSONS WHO HAD DRIVING LICENSES AND WHO CONSUMED ALCOHOL, THE MAJORITY KNEW THAT THE SENTENCE FOR A FIRST OFFENSE IS BETWEEN 21 AND 30 DAYS UNCONDITIONAL IMPRISONMENT AND THAT THE DRIVING LICENSE IS ALWAYS REVOKED. WITH REGARD TO THE PROPER AMOUNT OF ALCOHOL CONSUMPTION THAT ALLOWS ONE TO REMAIN BELOW THE LEVEL OF 0.5 PRO MILLE, THERE WAS A TENDENCY AMONG RESPONDENTS TO UNDERESTIMATE THE AMOUNT ONE CAN DRINK FOR ALL TYPES OF ALCOHOLIC BEVERAGES AND TO UNDERESTIMATE THE RATE OF ABSORPTION IN THE BODY. MOST PERSONS STATED THAT ALCOHOL CONSUMPTION REDUCED DRIVING ABILITY, ALTHOUGH QUESTIONS REFERRED TO THE EFFECT OF ALCOHOL GENERALLY AND WERE NOT LIMITED TO SMALL AMOUNTS OF ALCOHOL. THE LEGAL LIMIT WAS ACCEPTED BY MOST RESPONDENTS AS THE LIMIT AT WHICH THE ABILITY TO DRIVE A MOTOR VEHICLE IS REDUCED. THE CONCLUSION IS THAT BIOCHEMICAL ANALYSIS FINDINGS HAVE BEEN ESTABLISHED BY LEGISLATION IN NORWAY AS THE CRITERION OF CRIMINALITY AND HAVE ALSO BEEN ADOPTED BY THE PUBLIC AS THE CRITERION IN DECIDING THE MORALITY OF ALCOHOL-RELATED OFFENSES. SUPPORTING DATA FROM THE SURVEY ARE PROVIDED. (DEP)