NCJ Number
45531
Date Published
1977
Length
84 pages
Annotation
LEGAL ISSUES CONCERNING A NONJAIL OPTION FOR DRUNK DRIVING OFFENDERS AND THE RISKS SUCH PROCEDURES HAVE FOR ENFORCEMENT AGENCIES ARE EXAMINED.
Abstract
IN MOST STATES, THE PROCEDURES FOR APPREHENDING AND PROCESSNG A DRIVING WHILE INTOXICATED (DWI) OFFENDER INVOLVE A LENGTHY PROCESS OF ARREST, TESTING, PHOTOGRAPHING, FINGERPRINTNG, AND A PERIOD OF INCARCERATION. USUALLY, BY THE TIME THE OFFENDER IS RELEASED ON BAIL, HE HAS HAD TIME TO BECOME DETOXIFIED. HOWEVER, INCARCERATION OF THESE OFFENDERS IS COSTLY IN TERMS OF JAIL SPACE, SUPERVISORY PERSONNEL, AND THE POLICE OFFICER'S TIME OFF HIS BEAT. THEREFORE, MANY ENFORCEMENT AGENCIES HAVE BEGUN TO RELEASE DWI OFFENDERS WITHOUT INCARCERATION AFTER THEY HAVE BEEN BOOKED. BECAUSE OF THE SHORTENED PROCEDURE, SUFFICIENT TIME WILL NOT HAVE ELAPSED TO SOBER MANY OF THE OFFENDERS. THERE IS SOME RISK THAT THEY WILL THEN OBTAIN AUTOMOBILES AND DRIVE AGAIN WHILE STILL INTOXICATED FROM THE INITIAL DRINKING EPISODE. THE REPORT EXAMINES THE TORT LIABILITY OF SUCH AGENCIES IF THE RELEASED OFFENDER CRASHES AN AUTOMOBILE AND INJURES HIMSELF OR ANOTHER WHILE STILL INTOXICATED. THE REPORT IS DIVIDED INTO FOUR PARTS: (1) ANALYSIS OF ELEMENTS OF A TORT CAUSE OF ACTION; (2) ANALYSIS OF REPORTED CASES DIRECTLY ON POINT; (3) ANALYSIS OF CASES ARISNG OUT OF TRADITIONAL ENFORCEMENT PROCEDURE; AND (4) DISCUSSION OF ISSUES AND FINDINGS. A SURVEY OF POLICE JURISDICTIONS IS DESCRIBED, AND EXTENSIVE CASE CITATIONS ARE GIVEN. SAMPLES OF ILLUSTRATIVE STATE STATUTES ARE APPENDED. (AUTHOR ABSTRACT MODIFIED -- VDA)