PUBLIC SERVICE PROFILESAuthor(s): David HorowitzSource: ABA Journal, Vol. 72, No. 7 (July 1, 1986), p. 84Published by: American Bar AssociationStable URL: http://www.jstor.org/stable/20758861 .

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Inside ABA; PUBLIC SERVICE PROFILES

Solutions to the drunk driving conundrum

By David Horowitz

What strides has the legal profession made toward solving the drunk driving problem? People with a low opinion of

lawyers frequently come up with a nega tive answer to that question. They are

prone to see defense lawyers, judges and even prosecutors as obstructing "tough" laws and effective enforcement.

The ABA Section on Criminal Justice's Drunk Driving Project should help change that perception. By working to create a greater understanding of the

drunk driving problem, the project's goal is to bring about better laws and a lower accident rate.

The courts' dilemma Drunk driving laws have changed radi

cally in the past few years. Courts, legis latures, public interest groups and the

public have been searching diligently for solutions.

The search raises a multitude of ques tions. What laws will work best to curb drunk driving? How strict can these laws be and still be acceptable to society? The

legal limitations of sanctions and enforce

ment measures pose a continuing prob lem.

Social scientists and researchers, backed by government grants, have been quick to provide statistical analyses of drunk driving based on surveys, accident records and other data. The literature is

replete with these studies. Few of them, however, address the key legal issues? enforceability, effectiveness and deter

rence.

Furthermore, almost none of the stud

ies have tapped the unique insight of

lawyers and judges. Besides knowing the law well, these professionals possess an

intuitive knowledge of drunken drivers' behavior gained from years of dealing with them as clients or defendants.

A fresh look at the problem The ABA Section on Criminal Justice's

Drunk Driving Project capitalized on the

insight that lawyers and judges have about the problem of drunk driving.

Without any pretenses of being scientific,

David Horowitz, a judge on the Superi or Court in Los Angeles, Calif., was chairman of the Advisory Board for the Section on Criminal Justice's Drunk Driving Project.

U

the one-year project gleaned information and opinions from lawyers and judges who deal daily with drunk drivers.

While the project drew heavily on re search literature and case law, another

important ingredient was added?input from state legislators. This was consid

ered vital because proposals for drunk driving laws never will be enacted if

legislators don't think they are viable. A highlight of the project was a suc

cessful three-day conference held exclu

sively for state legislators. Lawmakers

from 35 states attended. The participants contributed much useful information to

the project as well as enlightening col

leagues on their experiences in trying to

improve drunk driving laws.

A monograph worth reading The project culminated in the prepara

tion of a monograph that is unique in several ways.

It provides suggestions to help improve a wide range of laws related to drunk

driving. A conscious effort was made to write it in language comprehensible to

laypersons. The aim was to help the

public understand drunk driving laws and the premises on which they are based. The commentary gives a good overview of these laws, explaining their limitations and also emphasizing the need for a

comprehensive approach involving more than tough laws to solve the problem.

The monograph, which is free, is being distributed by the ABA Section on Crimi nal Justice. ABA members are invited to

request copies and distribute them to

groups they believe would benefit from them. The project is a good example of how members of the bar can use their talents and experience to benefit the pub lic and improve the justice system. It also illustrates the value for ABA members of

working with outside groups. Equally im portant to the project was its financial

backing.

^Journal

Project: To Assess the Effective ness of Laws and Enforcement Techniques Applied to Alcohol Related Traffic Offenses.

Objective: To assist in improving the effectiveness of taws and en forcement techniques applied to alcohol-related traffic offenses. Sponsor: Section on Criminal Jus tice.

Director: Thomas C. Smith, associ ate director, ABA Section oh Crimi nal Justice, 1800 M Street, Wash ington, D.C. 20036, (202) 331-2260.

84 ABA Journal, The Lawyer's Magazine

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