Monday, August 3, 2009

MADD About the Underlying Philosophy of DUI Prosecution and Sentencing

MADD About the Underlying Philosophy of DUI Prosecution and Sentencing
Content:

With apologies to the Mothers Against Drunk Driving organization for exploiting the pun, there is plenty to be mad about. The distillers' and brewers' industry association has successfully convinced us that punishing those convicted of driving under the influence of alcohol should be punished be revoking their privleges to drive. As if the problem were not that they were drinking alcohol to the point of impairment, and then beyond to the point of irresponsiblility... as if revocation of the driving privilege will address the underlying behavioral culprit responsible for the commission of an act of grievious irresponsibility.

The real issue is not that the offender was driving; the real issue is that the offender was drinking, in a manner that by definition expresses irresponsibility, and lack of control. This person drank alcohol in a manner that was out of control. It was irresponsible. It endangered the public welfare. It endangered the offender as well.

In keeping with the trend of the Drug Court system, I concur with its tenets of preservation of self-worth and rehabilitation of offenders. Rather than remove the driving privilege, and allowing offenders to continue to drink, out of control, I recommend removing the drinking privilege, allowing offenders to continue to drive, in control, and able to maintain gainful employment.

I recommend a databank system with identification information encoded on the magnetic strip of each state's drivers' licenses. I recommend that the strip access an online database, informing each point of purchase of the status of the person's alcohol privileges before the sale is permitted. I recommend funding for the system to be assessed from the industry, in the form of a state tax surcharge on sales.

It is common knowledge that from a medical perspective, alcoholics are incapable of maintaining control. It is in fact the defining characteristic of this disease entity. Abstinence is recognized as the only viable assurance of maintaining control in the alcoholic patient. Upon conviction of an alcohol-related offense, it is in the best interests of the offender and the society at large, to deny drinking privileges to the offender.

Conviction should carry misdemeanor weight, with full expungement upon completion of one-year of total sobriety. Supplying alcohol to a person known to be under suspension of drinking privileges, should carry felony weight upon conviction.

Maintaining the ability of convicted offenders to drive back and forth to work is critical in maintaining a sense of self-worth, and in getting one's life consistent with healthy lifestyle choices. It is time to treat alcoholism as an illness, recognized by the medical community. Prison sentences and loss of driving privileges are counter-productive at best, and demeaning and demoralizing, pushing those suffering from this illness into the role of convicted criminal, perhaps even convicted felon.

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