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Alternative Court Procedures for DUI (Driving Under the Influence of Alcohol) Offenders

NCJ Number
78679
Author(s)
J J Abbene; P E Keith
Date Published
1978
Length
109 pages
Annotation
Findings are reported from an evaluation of Virginia's need for alternative court procedures for handling DUI cases, with particular focus on the referral of DUI offenders to the Virginia Alcohol Safety Action Program (VASAP).
Abstract
In February 1978, the Virginia General Assembly passed House Joint Resolution No. 102, which created a commission to study all aspects of Virginia's drunk driving laws. This report, designed to aid the commission in its inquiry, discusses the four following issues specifically mentioned by the resolution: (1) whether the law should limit the discretion currently given the trial judge over DUI cases, (2) whether convictions for DUI should be required prior to entry into rehabilitation programs, (3) whether work privileges to operate a motor vehicle should be issued instead of allowing an offender to retain full driving privileges, and (4) whether second offenders should be given another opportunity to enter a rehabilitation program. To address these issues, questionnaires were sent to all the general district court, circuit court, and juvenile court judges; all commonwealth's attorneys and local VASAP directors; and a random sample of State and local police. An analysis of the questionnaire results, along with a brief review of the literature evaluating the effectiveness of rehabilitation programs and hardship licenses as highway safety countermeasures, are provided. Several revisions to existing statutes and practices are recommended. House Joint Resolution No. 102, the sample questionnaire and cover letter, responses of local VASAP directors, rural-urban differences in questionnaire results, and a discussion of VASAP and problems of equal protection are appended. Tabular data and 38 references are provided. (Author abstract modified)