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June 30, 2009

In our view: Getting drunks off the road

Anonymous The Joplin Globe Tue Jun 30, 2009, 07:07 PM CDT

How important is the issue of drunken driving, and what are we willing to do about it?

In the fall of 2008, the secretary of transportation reported “an estimated 12,998 people were killed in crashes where a vehicle operator had a blood-alcohol concentration (BAC) of .08 or higher.” This figure is down 3.7 percent nationwide from the previous year.

Some may argue that current laws, court procedures and enforcement actions have the trend going in the right direction and no major changes are necessary. Others may object strenuously and call for increased legislative and court action in this area. We agree with the last group in a specific instance. That is in the matter of getting real drunks off the road, permanently or at least for a really long period of time. A story published in Sunday’s Globe was an eye-opener in that laws must change if Missouri is serious about the problem of repeat offenders.

We first address the debate over treatment vs. incarceration. Treatment for irresponsible use of alcohol can be very effective, in our view, if and only if the individual is committed to changing his behavior. Alcoholism is a unique disease in which the only competent diagnosis and treatment rests with the patient. If the individual is not convinced he or she has a problem, then no treatment in the world is effective in the long term. The legislature and courts should accept this fact and act accordingly.

Young people who drink and drive break two laws, underage drinking and driving in such circumstance. Courts should punish both offenses against both the teenager and those who supply the teen with alcohol. Loss of license until age 21 and mandatory treatment for the teenager, and a fine for the adult supporting such behavior are appropriate.

For any second offense, throw a big book at them. Loss of license for multiple years, fines and making the second offense a felony with mandatory multiple years of jail time are appropriate and necessary.

Finally, there should be no plea-bargaining for a blood-alcohol content or DUI offense. A properly administered test for blood-alcohol content that is more than the legal limit should be sufficient evidence of breaking the law and directing punishment, period.

Trial lawyers and drunks will probably object. So be it. If we want to really get drunks off the road, this is a way to do it.

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