🚀 go-pugleaf

In article <1992Dec11.194020.16377@claven.ucar.edu> woods@claven.ucar.edu (Greg Woods) writes:
>First off, I believe (and I don't think anyone would argue this) that the
>main goal should be to keep the drunks off the road.

I'd disagree: I think the goal should be reducing traffic accidents and
getting reckless drivers off the road (whether they are drunk or sober)
without punishing people who are driving safely.

>...The ONLY justification for punishing
>drunk drivers in terms of the stated goal of keeping drunks off the road
>is that the threat of punishment creates a deterrent effect.

If such a driver harms others (e.g. causes an accident), they should
be punished in proportion to the harm done, as a matter of justice
(all deterrent effects asside). Of course, this applies to all
reckless drivers, not just drunk drivers.

>Right now, the major thrust of our efforts to combat the DUI problem is
>increased penalties and enforcement, i.e. the emphasis is clearly on
>punishment, and the threat of punishment as a deterrent. But consider
>this: if the goal is to keep the drunks off the road, when a DUI
>offender is punished, we have ALREADY FAILED to achieve our goal.

You are presuming that offenders, if cought, are punished. Currently
there are mild penelties for DUI and DWAI, regardless of the harm
done: A person driving safely with a BAC of 0.055 faces the same
punishment as someone with a BAC of 0.095 who recklessly causes a 
serious accident. The penelties for endangering others are neither
in proportion to the harm done, nor sufficiently strict to act as
a deterrent. In part, this is becuase the current laws place 
someone who has caused no harm (and was not likely to) in the same
catagory as those who do, really, cause harm. To be fair to the
first, the latter are given too light a punishment.

>...It therefore stands to reason that we ought to be
>viewing punishment as a LAST RESORT, not as a major means to combat
>DUI.

Since sufficiently strict punishment has not been applied, I disagree
with your conclusion. I think punishment would be a very effective
deterrent, is anyone who negligently caused an accident was charged
with (say) reckless endangerment or attempted second degree murder.

                                                 Frank Crary
                                                 CU Boulder