There is reason to believe that the most frequent chronic offenders
are the ones least likely to be classified as criminals, either by the
courts or by the community: drunk drivers. Yet, the number of drivers
arrested for driving under the influence of alcohol makes it clear that
this is probably the single greatest category of criminal behavior in the
nation. As reported on the Mothers Against Drunk Driving (MADD) Web site,
the National Highway Transportation Safety Administration noted that
approximately 1.4 million drivers were arrested in 2001 for driving under
the influence of alcohol or narcotics. That equaled an arrest rate of one
for every 137 licensed drivers in the United States (2003).
Moreover, drunk or substance-impaired driving is not likely to be an
isolated incident, like the instance of the Honors Society high school
student who swipes a CD player on a dare and the like. Rather, drunk and
impaired drivers are very likely to be chronic offenders. "About one-third
of all drivers arrested or convicted of driving while intoxicated or
driving under the influence of alcohol are repeat offenders" (Fell, 1995,
quoted by MADD, 2004). In addition, in 2001, "about 1,461 fatalities
occurred in crashes involving alcohol-impaired or intoxicated drivers who
had at least one previous DWI convictionâ€"about 8.4 percent of all alcohol-
related traffic fatalities (Runge, 2003, quoted by MADD< 2004).
And yet, increasingly, drunk and substance-intoxicated drivers are
being treated not as criminals, even when they have been involved in
vehicular manslaughter,' or have killed someone. Increasingly, they are
being treated as people who have a chronic disease rather than as people
who chronically decide to break the law with often devastating effects.
The three strikes and you're out' mentality is only marginally involved in
punishment and/or rehabi...