Saturday, March 9, 2019
Substance Abuse: Driving Under the Influence
According to the internal convey trend job Safety presidential term (NHTSA), 16,694 people died in 2004 in inebriant and dose relate job collisions, represending 40% of all traffic related deaths in the United fixs. (2004 Traffic Safety 2005) In addition virtually half of the one billion people injured in passage accidents were as well due to drive to a enactment 1er line the knead (DUI). These argon take aback statistics, which chthonianscore the enormity of the occupation posed by the vast human activity of people who drive slice stir.A nonher point of concern regarding rum impetuous or DUI is that reprise or hard-core offenders be the ca hold of a large symmetricalness of traffic accidents with one out of eight intoxicated number one woods in pitch-dark crashes having had a prior DUI/DWI conviction at heart the past three years. (Pena, 2005) As a result, a come of programs constitute sprung up around the demesne try outing to rehabilitate t he retroflex DUI offenders done instruction, advise, and discussion. The laws against DUI and rehab programs take over resulted in a gradual but sloshed gloam in fatalities from intoxicated get a line since the 1980s. In this essay, I shall focus on much(prenominal) programs that seek to character reference the problem of DUI, particularly programs for the inveterate and geminate offenders.The laws and penalties against hotheaded go intoxicated have been made stricter in the US since the 1970s. The drinking age has also been uniformly raised to 21 years, bit it was 18 in some(prenominal) states prior to the 1980s.1 Currently, impetuous speckle intoxicated (DWI) or thrust nether the influence (DUI) is a savage offense in around jurisdictions at bottom the United States.2 The punishment for DUI includes lock terms, monetary fines, mandatory DUI programs, and confiscation of drivers evidence for beared offenders. Some states rase treat DUI as a felony under true circumstances such(prenominal) as the presence of a truly high blood inebriant matter (BAC), the severity of the accident yardd by the sot driver, or in cases where the driver is a repeat offender. ( wino Driving-United States 2005)In case of intoxi scum bagt consumption, around states laws have designated the legal repair of blood intoxicant content (BAC) for wino driving at 0.08 (i.e., 80 mg of alcoholic drink in 100 ml of blood). In cases of driving under the influence of prescription drug medication or illicit drugs in that location is no per se or legal limit. Instead, in cases of driving under the influence of drugs other than alcohol, the name factor is whether the drivers faculties were impaired by the nubble that was consumed. Due to this reason, the detection and roaring pursuit of drivers impaired by prescription medication or felonious drugs is difficult.Besides performing a chemic test (blood, urine, or snorkel analysis) in orderliness to de termine the BAC of the offender, a law enforcing officer may also administer a field of battle Sobriety Test (FST) on a suspect driver. There argon certain standardized FSTs such as the Walk and Turn test, the virtuoso-leg basis and Horizontal Gaze Test, which can reliably determine the level of hindrance of an intoxicated driver. (Ibid.)The Transportation paleness Act (TEA-21) enacted in 1998 encourages States to enact fictionalise Intoxicated driver laws providing for stripped-down penalty for repeat offenders such asa)Suspension of drivers license for not less(prenominal)(prenominal) than one yearb)Impoundment, immobilization, or founding of ignition interlock organization on vehiclesc)An assessment of the individuals degree of annoyance of alcohol and sermon as appropriated)Not less than 30 long time friendship redevelopment or 5 geezerhood of imprisonment for second offense and not less than 60 long time community expediency or 10 days of imprisonment for 3rd and subsequent offense. ( minimum Penalties for Repeat offenders n.d.)As mentioned in the introduction, there ar a number of DUI programs in the United States that seek to pick up the menace of inebriated driving through gentility, counseling and treatment of the offenders. Some of these programs are described on a lower floorcalciums Driving Under the work on (DUI) political platformCalifornia was among the premier states in the US (along with New York) to sneak in laws pertaining to drunk driving. It has also introduced an resultive DUI architectural plan, which is governed by legislation enacted in 1978. The State has a system in purport that determines the need for DUI program serve, licenses DUI programs, establishes regulations, approves role player fees and fee schedules, and raises DUI information.A person convicted of a first DUI offense are required to complete a state-licensed three-month, 30-hour alcohol and drug education and counseling program. device dr ivers detected with a blood alcohol content of 0.20 or higher must complete a state-licensed sixmonth, 45-hour alcohol and drug education and counseling program. These programs are designed to enable participants to claim attitudes and manner, support confident(p) life bearing changes, and reduce or eliminate the white plague of alcohol and/or drugs. (An Overview of Californias 2004)Repeat DUI offenders (second and subsequent DUI convictions) must complete an 18-month eight-fold offender program. such(prenominal) programs offer 52 hours of stem counseling 12 hours of alcohol and drug education 6 hours of community reentry monitoring and periodic individual interviews during the first 12 months of the program.A county in California may elect to provide 30-month DUI programs for third and subsequent DUI offenders, which provide longer periods of counselling, education, and community service, i.e., 78 hours of group counseling 12 hours of alcohol and drug education 120-300 hour s of community service and close and regular individual interviews. Presently, such services are useable in Los Angeles and San Francisco Counties. (An Overview of Californias 2004)The California Association of deglutition Driver Treatment Programs (CADDTP) has been form to help promote understanding of, and improve the purpose of the DUI programs in California. virtually people agree that Californias DUI program network is the most inclusive, structured, and complex and its total programs are self-supporting through fees paid by participants. They have caused DUI arrests and alcohol-related fatalities to spill steadily in the last two decades when it was introduced. (California Association of Drinking Driver Treatment Programs n.d.)do drugs motor hotels for DUI An American Council on Alcoholism (ACA) ProgramIn collaboration with the interior(a) Association for medicate Court Professionals (NADCP) and the National Commission Against Drunk Driving (NCADD), the American Counci l on Alcoholism Program (ACAP) seeks to promote and establish courts that focus on intoxication treatment for drunk driving offenders. This is because ACA believes that the root cause of the drunk driving problem is alcohol abuse and crapulence and unless we address the root problem of alcoholism, we will not be able to act the problem of drunk driving. The ACA also believes that conventional means of pr regular(a)tion have had little or no effect on hard core drunk drivers or repeat offenders wherefore it is working for the application of the highly victorious drug courts mock up to bring around hard-core drunk drivers of their alcoholism.Drug Court Programs have been found to be highly successful in rehabilitating repeat and hardcore DUI offenders. Recidivism rate in such programs is remarkably low (about 11% v 60% for most other programs). A unique feature of Drug Court is the unionise involvement of the judge in the treatment suffice who remains in direct contact with the defendant and engages in customary discussion of the progress.The popular contact amongst the judge and the defendant creates a paternal-like relationship between them and the judge is able to give positive reinforcement, final result instant reprimands or order incarceration for up to 30 days as the spotlight demands. (Kavanaugh, 2003). An example of a successful DUI Drug Court Program is the foundatione County Revia flip started in 1996 for repeat drinking drivers. The key to this model of treatment is the use of ReVia (generic name naltrexone) for weaning the repeat DUI offenders from their alcohol dependence. (Butt County Revia Project, 2003)The Century Council3 created The National hard-core Drunk Driver Project in 1997 in order to coordinate efforts directed towards deterrence of hardcore drunk drivers who habitually drive while highly intoxicated. The Councils main aim is to inspect attention to the monstrous nature of the crime of drunk driving and to provide the requisite textile in order to close loopholes in real laws and programs, enact needed legislation, and ensure that the responsible agencies and organizations work together effectively to address the problem.The Council stresses that successful DUI programs for repeat and hardcore offenders should be based on swift identification, certain punishment and effective treatment. It conducts research on DUI and has make a encompassing source book on the topic, which provides up-to-date info to assist legislators, avenue safety officials, law enforcement officers, judges, prosecutors, community activists, corrections personnel, and treatment professionals in growth programs to reduce hardcore drunk driving. (National Hardcore Drunk Driver Project 2003)There are a number of other organizations in the US as well as m each an(prenominal) other countries that are engaged in conducting programs for the treatment of chronic and repeat DUI offenders. These include the Alcoholics unk nown (AA)-a support group of alcoholics that seeks to cure alcohol addicts from their dependence through a twelve-step process the Al-Anon/ Al-Ateen Family Groupsa fellowship of relatives and friends of alcoholics who share their experience, strength, and hope, in order to solve their common problems.4 The Al-Anon programs are based on the judgment that alcoholism is a family illness, and that changed attitudes can aid recovery.Convicted DUI offenders can be sent to lock up and fined, particularly in case of repeat offenders. Other alternatives to click sentence, apart from the DUI Programs for rehabilitation that were discussed in the preceding paragraphs are Electronic monitor (wearing of an ankle bracelet that monitors the whereabouts of the wearer) deed Release-the convicted person works at a place determined by the Probation Department and goes home to sleep Work Furlough-an location in which the participant keeps his job but returns to a residence hall style facility at night and City Jail-operated by the local guard where the participants spend the night but are released during the day. (Jail Alternatives 2005) just about DUI laws are aimed at deterring driving under the influence of alcohol and drugs. One way of deterring DUI offenses is by making policies and laws that change the drivers attitude towards DUI and by change their perceptions of the promising consequences as a result of DUI behavior. (Greenburg et al, 2004). Such anti-DUI laws could be enacted and earth information campaigns launched that enhance a drivers perception of the certainty, swiftness and severity of prosecution for drunk-driving offenses, or by increasing awareness of the physical dangers associated with driving while intoxicated (Ibid.)Some experts believe that the moral component of the laws is much to a greater extent(prenominal) big than the fear factor of apprehension and punishment in the long-run control of drunk driving. This is mainly because the likeli hood of detection for DUI offenders is very low or uncertain. According to a study quoted by Robin, On any disposed outing, an intoxicated driver has less than a 1-in-1000 chance of macrocosm get the picture by the police. (Robin 1991) Tough laws against drunken driving have a moral aspect that gradually develop a culture in a society that is intolerant of DUI regardless of the perceived legal risks to the driver involved. Hence, DUI laws are more likely to achieve their objective of controlling drunk driving if we emphasize the morality of the law rather than expect the hardcore violators to be deterred by the fear of getting caught.Despite a steady decomposition in the number of accidents and fatalities due to driving under the influence (DUI) in the US since the 1980s, the numbers are still unacceptably high. It is even more alarming that a large proportion of these accidents are caused by repeat offenders or hard core drinkers. As discussed in this paper, measures taken to control DUI range from stricter punishment to rehabilitation programs aimed at changing the behavior of chronic DUI offenders. Some of these programs have contributed significantly in reducing DUI offenses. However, a sustained, coordinated, and semipermanent effort is required for further reduction in DUI cases. sum total Abuse Driving Under the InfluenceAccording to the National Highway Traffic Safety Administration (NHTSA), 16,694 people died in 2004 in alcohol and drug related traffic collisions, representing 40% of all traffic related deaths in the United States. (2004 Traffic Safety 2005) In addition about half of the one million people injured in road accidents were also due to driving under the influence (DUI). These are startling statistics, which underscore the enormity of the problem posed by the vast number of people who drive while intoxicated.Another point of concern regarding drunk driving or DUI is that repeat or hardcore offenders are the cause of a large proportio n of traffic accidents with one out of eight intoxicated drivers in fatal crashes having had a prior DUI/DWI conviction within the past three years. (Pena, 2005) As a result, a number of programs have sprung up around the country seeking to rehabilitate the repeat DUI offenders through education, counseling, and treatment. The laws against DUI and rehab programs have resulted in a gradual but steady decline in fatalities from drunk driving since the 1980s.In this essay, I shall focus on such programs that seek to address the problem of DUI, particularly programs for the chronic and repeat offenders. The laws and penalties against driving while intoxicated have been made stricter in the US since the 1970s. The drinking age has also been uniformly raised to 21 years, while it was 18 in several states prior to the 1980s. 1 Currently, driving while intoxicated (DWI) or driving under the influence (DUI) is a criminal offense in most jurisdictions within the United States.The punishment f or DUI includes jail terms, monetary fines, mandatory DUI programs, and confiscation of drivers license for repeated offenders. Some states even treat DUI as a felony under certain circumstances such as the presence of a very high blood alcohol content (BAC), the severity of the accident caused by the drunk driver, or in cases where the driver is a repeat offender. (Drunk Driving-United States 2005) In case of alcohol consumption, most states laws have designated the legal limit of blood alcohol content (BAC) for drunk driving at 0. 08 (i. e. , 80 mg of alcohol in 100 ml of blood).In cases of driving under the influence of prescription medication or illicit drugs there is no per se or legal limit. Instead, in cases of driving under the influence of drugs other than alcohol, the key factor is whether the drivers faculties were impaired by the substance that was consumed. Due to this reason, the detection and successful prosecution of drivers impaired by prescription medication or ill egal drugs is difficult. Besides performing a chemical test (blood, urine, or breath analysis) in order to determine the BAC of the offender, a law enforcing officer may also administer a Field Sobriety Test (FST) on a suspect driver.There are certain standardized FSTs such as the Walk and Turn test, the One-leg Stand and Horizontal Gaze Test, which can reliably determine the level of impairment of an intoxicated driver. (Ibid. ) The Transportation Equity Act (TEA-21) enacted in 1998 encourages States to enact Repeat Intoxicated Driver laws providing for minimum penalty for repeat offenders such asa)Suspension of drivers license for not less than one year b)Impoundment, immobilization, or installation of ignition interlock system on vehicles )An assessment of the individuals degree of abuse of alcohol and treatment as appropriate d)Not less than 30 days community service or 5 days of imprisonment for 2nd offense and not less than 60 days community service or 10 days of imprisonment for 3rd and subsequent offense. (Minimum Penalties for Repeat offenders n. d. ) As mentioned in the introduction, there are a number of DUI programs in the United States that seek to control the menace of drunk driving through education, counseling and treatment of the offenders.Some of these programs are described below Californias Driving Under the Influence (DUI) Program California was among the first states in the US (along with New York) to introduce laws pertaining to drunk driving. It has also introduced an effective DUI Program, which is governed by legislation enacted in 1978. The State has a system in place that determines the need for DUI program services, licenses DUI programs, establishes regulations, approves participant fees and fee schedules, and provides DUI information.A person convicted of a first DUI offense are required to complete a state-licensed three-month, 30-hour alcohol and drug education and counseling program. Drivers detected with a blood alcohol conte nt of 0. 20 or higher must complete a state-licensed sixmonth, 45-hour alcohol and drug education and counseling program. These programs are designed to enable participants to consider attitudes and behavior, support positive lifestyle changes, and reduce or eliminate the use of alcohol and/or drugs. (An Overview of Californias 2004)Repeat DUI offenders (second and subsequent DUI convictions) must complete an 18-month multiple offender program. Such programs provide 52 hours of group counseling 12 hours of alcohol and drug education 6 hours of community reentry monitoring and biweekly individual interviews during the first 12 months of the program. A county in California may elect to provide 30-month DUI programs for third and subsequent DUI offenders, which provide longer periods of counselling, education, and community service, i. e. 78 hours of group counseling 12 hours of alcohol and drug education 120-300 hours of community service and close and regular individual interviews. P resently, such services are available in Los Angeles and San Francisco Counties. (An Overview of Californias 2004)The California Association of Drinking Driver Treatment Programs (CADDTP) has been formed to help promote understanding of, and improve the role of the DUI programs in California. Most people agree that Californias DUI program network is the most inclusive, structured, and complex and its entire programs are self-supporting through fees paid by participants.They have caused DUI arrests and alcohol-related fatalities to decline steadily in the last two decades when it was introduced. (California Association of Drinking Driver Treatment Programs n. d. ) Drug Courts for DUI An American Council on Alcoholism (ACA) Program In collaboration with the National Association for Drug Court Professionals (NADCP) and the National Commission Against Drunk Driving (NCADD), the American Council on Alcoholism Program (ACAP) seeks to promote and establish courts that focus on alcoholism treatment for drunk driving offenders.This is because ACA believes that the root cause of the drunk driving problem is alcohol abuse and alcoholism and unless we address the root problem of alcoholism, we will not be able to solve the problem of drunk driving. The ACA also believes that traditional means of prevention have had little or no effect on hard core drunk drivers or repeat offenders therefore it is working for the application of the highly successful drug courts model to cure hardcore drunk drivers of their alcoholism. Drug Court Programs have been found to be highly successful in rehabilitating repeat and hardcore DUI offenders.Recidivism rate in such programs is remarkably low (about 11% v 60% for most other programs). A unique feature of Drug Court is the direct involvement of the judge in the treatment process who remains in direct contact with the defendant and engages in frequent discussion of the progress. The frequent contact between the judge and the defendant cre ates a paternal-like relationship between them and the judge is able to give positive reinforcement, issue instant reprimands or order incarceration for up to 30 days as the situation demands.An example of a successful DUI Drug Court Program is the Butte County Revia Project started in 1996 for repeat drinking drivers. The key to this model of treatment is the use of ReVia (generic name naltrexone) for weaning the repeat DUI offenders from their alcohol dependence. (Butt County Revia Project, 2003) The Century Council3 created The National Hardcore Drunk Driver Project in 1997 in order to coordinate efforts directed towards deterrence of hardcore drunk drivers who habitually drive while highly intoxicated.The Councils main aim is to call attention to the serious nature of the crime of drunk driving and to provide the needed framework in order to close loopholes in existing laws and programs, enact needed legislation, and ensure that the responsible agencies and organizations work to gether effectively to address the problem. The Council stresses that successful DUI programs for repeat and hardcore offenders should be based on swift identification, certain punishment and effective treatment.It conducts research on DUI and has published a comprehensive source book on the topic, which provides up-to-date data to assist legislators, highway safety officials, law enforcement officers, judges, prosecutors, community activists, corrections personnel, and treatment professionals in developing programs to reduce hardcore drunk driving. (National Hardcore Drunk Driver Project 2003) There are a number of other organizations in the US as well as many other countries that are engaged in conducting programs for the treatment of chronic and repeat DUI offenders.These include the Alcoholics Anonymous (AA)-a support group of alcoholics that seeks to cure alcohol addicts from their addiction through a twelve-step process the Al-Anon/ Al-Ateen Family Groupsa fellowship of relativ es and friends of alcoholics who share their experience, strength, and hope, in order to solve their common problems. 4 The Al-Anon programs are based on the belief that alcoholism is a family illness, and that changed attitudes can aid recovery. Convicted DUI offenders can be sent to jail and fined, particularly in case of repeat offenders.Other alternatives to jail sentence, apart from the DUI Programs for rehabilitation that were discussed in the preceding paragraphs are Electronic Monitoring (wearing of an ankle bracelet that monitors the whereabouts of the wearer) Work Release-the convicted person works at a place determined by the Probation Department and goes home to sleep Work Furlough-an arrangement in which the participant keeps his job but returns to a dormitory style facility at night and City Jail-operated by the local police where the participants spend the night but are released during the day. (Jail Alternatives 2005)Most DUI laws are aimed at deterring driving under the influence of alcohol and drugs. One way of deterring DUI offenses is by making policies and laws that change the drivers attitude towards DUI and by altering their perceptions of the likely consequences as a result of DUI behavior. (Greenburg et al, 2004). Such anti-DUI laws could be enacted and public information campaigns launched that enhance a drivers perception of the certainty, swiftness and severity of prosecution for drunk-driving offenses, or by increasing awareness of the physical dangers associated with driving while intoxicated (Ibid. Some experts believe that the moral component of the laws is much more important than the fear factor of apprehension and punishment in the long-term control of drunk driving.This is mainly because the likelihood of detection for DUI offenders is very low or uncertain. According to a study quoted by Robin, On any given outing, an intoxicated driver has less than a 1-in-1000 chance of being apprehended by the police. (Robin 1991) Tough laws against drunken driving have a moral aspect that gradually develop a culture in a society that is intolerant of DUI regardless of the perceived legal risks to the driver involved.Hence, DUI laws are more likely to achieve their objective of controlling drunk driving if we emphasize the morality of the law rather than expect the hardcore violators to be deterred by the fear of getting caught. Despite a steady decline in the number of accidents and fatalities due to driving under the influence (DUI) in the US since the 1980s, the numbers are still unacceptably high.It is even more alarming that a large proportion of these accidents are caused by repeat offenders or hard core drinkers. As discussed in this paper, measures taken to control DUI range from stricter punishment to rehabilitation programs aimed at changing the behavior of chronic DUI offenders. Some of these programs have contributed significantly in reducing DUI offenses. However, a sustained, coordinated, and long-ter m effort is required for further reduction in DUI cases.
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