Punishment vs Treatment in DUI Cases
Information courtesy of Lawrence Taylor - DUIblog
Contrary to the deceptive statistics publicized by MADD (see "A Closer Look at DUI Fatality Statistics"), the number of deaths caused by drunk driving has not decreased significantly since the beginning of increasingly harsh penalties years ago. And so new laws are passed further lowering legal limits and raising penalties....ad infinitum.
The simple fact is that most DUI-related deaths are caused by a relatively small group of "problem drinkers". These individuals are typically characterized by recidivism (repeat offenses), unusually high blood-alcohol levels -- and alcoholism. And they are simply not deterred by criminal sanctions.
By now, most experts recognize that alcoholism is a disease, not a choice. And you don't treat a disease with incarceration. If you throw an alcoholic in jail for six months, on the day he walks out he will likely go to the first bar he finds and resume drinking. What has been accomplished?
Apparently, a small number of more enlightened judges are beginning to come to the same conclusions. Consider the following Los Angeles Times article (involving a judge sitting in one of my home courts):
"Every Friday, the second floor of Harbor Justice Center in Newport Beach echoes with the curious sound of applause, breaking the somber silence that otherwise pervades these hallways when DUI hearings are in full swing....
"Positive reinforcement is a central tenet of Orange County's DUI court, which opened in October. It is one of only two courts of its kind in California but is one of a growing number nationwide. They're designed to reduce recidivism among drunk drivers by providing encouragement and strict supervision to help treat addiction rather than imposing jail sentences or fines....