Increasing Penalties for Drunk Driving Repeat Offenders

Despite significant progress in the war against drunk driving, drinking and driving is still killing tens of thousands of Americans every year. In New Jersey, the Drinking and Driving Law sounds tough on the books, but the law neglects to target repeat offenders--one of the most deadly groups of drunk drivers. Enforcement of the law is lax when it comes to repeat offenders, and no serious program is offered to encourage more responsible behavior by those who are serious alcoholics. This research proposes to increase the punishment and enforcement of drunk driving laws against repeat offenders, and to provide one-on-one counseling for those who appear unable or unwilling to drive responsibly.

Decrying the first increase nationally in drunken driving fatalities since 1986, the advocacy group of Mothers Against Drunk Driving (MADD) gave the nation an overall C grade for its response to the problem (Belsie, 1996, p. 4). The state-by-state MADD report decried a decrease in drunken driving arrests, a reluctance to pass tougher drunken driving laws and an increase in alcohol-related traffic deaths. It said the nation is backsliding on efforts to curb drunken driving.

California, Arizona, Florida and North Carolina all received A-minus grades--the highest rating given--in MADD's report card. By comparison, Wyoming's efforts to battle drunken driving earned it D-plus, the lowest of any state. Sadly to say, the State of New Jersey barely ranked above Wyomi

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fender's car, license plate, or both. Other states mark repeaters' license plates with highly visible stickers or compel them to use special plates which identify them as repeaters. This law was highly publicized and enforced in Oregon and was found to be very effective. Laws that involve the marking or loss of vehicles are considered more effective than license suspension, especially in light of a National Public Service Research Institute study that showed that half of all convicted drunk drivers who lose their license do not bother to reapply at the end of their sentence. New Jersey is not one of the states that have focused enforcement on repeat offenders. In fact, New Jersey is the only state in the nation that regards drunken driving as a traffic offense rather than a criminal offense. Most states classify drunk driving as a misdemeanor, and a few states classify repeat offenses of drunk driving as a felony. Unlike the 38 states that confiscate cars or license plates of repeat offenders, New Jersey has few laws on the books aimed specifically at changing the behavior of repeat offenders. Even worst, enforcement of what few laws are on the books is lax. Despite sentencing guidelines requiring jail time for repeat offenders,

Category: Government - I