The Chronic Offender of DUI
There is reason to believe that the most frequent chronic offendersare the ones least likely to be classified as criminals, either by thecourts or by the community: drunk drivers. Yet, the number of driversarrested for driving under the influence of alcohol makes it clear thatthis is probably the single greatest category of criminal behavior in thenation. As reported on the Mothers Against Drunk Driving (MADD) Web site,the National Highway Transportation Safety Administration noted thatapproximately 1.4 million drivers were arrested in 2001 for driving underthe influence of alcohol or narcotics. That equaled an arrest rate of onefor every 137 licensed drivers in the United States (2003). Moreover, drunk or substance-impaired driving is not likely to be anisolated incident, like the instance of the Honors Society high schoolstudent who swipes a CD player on a dare and the like. Rather, drunk andimpaired drivers are very likely to be chronic offenders. "About one-thirdof all drivers arrested or convicted of driving while intoxicated ordriving under the influence of alcohol are repeat offenders" (Fell, 1995,quoted by MADD, 2004). In addition, in 2001, "about 1,461 fatalities
Homes often remarked that "The lifeof the law has not been logic," and followed that up by noting that manyfactors other than logic inform decisions about governing, which includeslegal matters (Quoted by Andrews 2002). Amazingly enough, the devices were already in use for 500 drivers statewidewhen the bill was introduced (Luzadder 1999); one would have to wonder howmany-and how serious-offenses those drivers had been convicted of if twoDUIs in five years was not enough. In that state: [a]n individualized plan is developed for a defendant, which usually includes drug or alcohol testing, treatment, and such other requirements as attaining a GED, finding and maintaining a job, and making restitution. Of course, states may institute harsher punishments than the federalmandate requires. The 'three strikes and you're out' mentality is only marginally involved inpunishment and/or rehabilitation of DUI chronic offenders, and even then,it is less likely to involve jail terms than to involve relativelydifficult to control participation in rehabilitation programs andabstention from driving; however, short of chaining a person to the house,it is difficult to ensure that a person ordered not to drive actually doesnot drive. There are entire judicial systems, notably Alaska's, that take adiametrically opposite approach, however. ) In 2000, the debate over chronic DUIs involved a number of issues,some of which are unimaginable in relation to other sorts of crimes. However, "A study of the use of that device in Marylandfound a decrease in DUI recidivism of 65 percent among those with anignition Breathalyzer. At the same time this sort of DUI justice was being introduced,Alaska lowered "the threshold of blood alcohol for DUI from 0. But there also are anecdotes of chronic DUIoffenders persuading their children or friends to take the test for them"(Doubek 2000). That same person believes thatoffenders in intensive probation should be required to report to probationofficers more frequently, and should be required to submit to drug andalcohol testing, as well as attend alcohol treatment programs and completedrunk-driving related community service. That judge becomes familiar with the defendant, and imposes immediate jail time for non-compliance with the plan's requirements, while providing positive reinforcement when a defendant lives up to the plan's expectations (Quoted by Andrews 2002). More recently, as the term beganto be redefined, particularly for use in drug- and alcohol-related crimes,therapeutic justice has meant "the use of social science to study theextent to which a legal rule or practice promotes the psychological andphysical well-being of the people it affects" (Andrews 2002).
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Acceptance Essays
