NCJ Number
55004
Date Published
1978
Length
7 pages
Annotation
LEGAL, POLITICAL, AND SOCIAL ASPECTS OF DRUNKEN DRIVING IN SWEDEN AND THE CONTROL OF OFFENSES INVOLVING THE USE OF ALCOHOL ARE ADDRESSED.
Abstract
THE HIGHWAY TRAFFIC SYSTEM IN SWEDEN AND IN MOST INDUSTRIALIZED COUNTRIES IS A MAJOR SUBSYSTEM OF THE LARGER SOCIAL SYSTEM AND CONSISTS OF DRIVERS, VEHICLES, THE ENVIRONMENT, AND INTERACTIONS AMONG THESE COMPONENTS. WHEN COMBINING THE TWO SPHERES OF ALCOHOL AND THE HIGHWAY TRAFFIC SYSTEM, IT IS EVIDENT THAT THE CONTROL OF DRUNKEN DRIVING WILL CREATE A SIGNIFICANT AMOUNT OF LEGAL, POLITICAL, AND SOCIAL CONFLICT. THE ISSUE OF DRUNKEN DRIVING IS SEEN USUALLY AS PART OF THE GENERAL ISSUE OF TRAFFIC SAFETY, AND THE PRINCIPAL POLITICAL FORCE BEHIND LEGISLATION USUALLY EMBRACES A VARIETY OF GOVERNMENT BUREAUCRACIES CONCERNED WITH TRAFFIC AND TRANSPORTATION. IN SWEDEN, HOWEVER, THE ISSUE OF DRUNKEN DRIVING OFTEN IS VIEWED AS ONE ASPECT RELATED TO THE GENERAL ISSUE OF SOBRIETY. A MAJOR POLITICAL FORCE IS THE TEMPERANCE MOVEMENT, AND THIS MOVEMENT DOMINATES LEGISLATION BY RECRUITING ALLIES FROM GROUPS THINKING PRIMARILY IN SAFETY TERMS. IN 1970, A SWEDISH GOVERNMENT COMMITTEE MADE THE FOLLOWING RECOMMENDATIONS: (1) REDUCE THE SUPPLEMENTARY PRO MILLE LEVEL FROM 1.5 TO 1.2; (2) ENFORCE CRIMINAL LIABILITY NOT ONLY IF THE PRO MILLE LEVEL IS REACHED AT THE TIME OF DRIVING BUT ALSO AFTER DRIVING IS COMPLETED; (3) CRIMINALIZE THE CONSUMPTION OF ALCOHOL SUBSEQUENT TO DRIVING; (4) REFINE THE SYSTEM OF SANCTIONS, SPECIFICALLY FOR PROBATION COMBINED WITH TREATMENT FOR ALCOHOL PROBLEMS; AND (5) AUTHORIZE THE POLICE TO REQUIRE ROUTINE BREATH TESTS IN CONNECTION WITH ROAD ACCIDENTS, MOVING TRAFFIC OFFENSES, AND PREARRANGED ROAD BLOCKS. PRINCIPLES WERE PROPOSED ALSO WITH REGARD TO THE CHOICE OF SANCTIONS IN DRUNKEN DRIVING CASES: (1) FOR DRUNKEN DRIVERS WHO DO NOT HAVE DRINKING PROBLEMS AND ARE NOT OTHERWISE IN NEED OF INDIVIDUAL PREVENTION TREATMENT, THE CHOICE SHOULD BE BETWEEN CONDITIONAL SENTENCES COMBINED WITH HIGH FINES OR IMPRISONMENT; AND (2) FOR DRUNKEN DRIVERS WITH ALCOHOL PROBLEMS, CHOICES SHOULD INVOLVE SPECIAL TREATMENT WITHIN THE FRAMEWORK OF THE PENAL SYSTEM (PROBATION COMBINED WITH DIRECTIVES CONCERNING ANTIALCOHOL TREATMENT). LEGISLATIVE DECISIONMAKING, IN THE FORM OF THE PRECEDING GOVERNMENT-RECOMMENDED ACTIONS, IS DISCUSSED IN RELATION TO PUBLIC ACCEPTANCE, THE PREVAILING POLITICAL SITUATION, THE SYMBOLIC FUNCTION OF LAW REGARDING THE NEED FOR COMPROMISE AND THE USE OF THE LEGISLATIVE PROCESS AS A MEANS OF RESOLVING SOCIAL CONFLICTS, AND PERMISSIBLE BLOOD ALCOHOL CONCENTRATIONS. REFERENCES ARE CITED. (DEP)