Unlike the jurisprudence of most crimes, the jurisprudence of drunk driving has always heavily emphasized recidivism. Persons convicted of drunk driving twice within periods of time as long as 10 years are defined as felons and subject to the possibility of heavy prison terms and substantial fines. Despite the emphasis on recidivism in drunk driving laws, there has been practically no questioning of the empirical basis or policy justification for this jurisprudence. It is not clear why so much weight has been placed on what may be called minimal versus chronic recidivism. The author suggests reorienting drunk driving jurisprudence to focus on the blood alcohol concentration level and on the dangerousness of drunk driving rather than on mere repetition of the standard offense within a lengthy timeframe. The treatment of recidivism as an aggravated form of drunk driving is discussed, and punishment for and the need to incapacitate drunk driving recidivists are examined. 7 references