THE OFFENSE OF DRIVING WHILE INTOXICATED: THE DEVELOPMENT OF STATUTORY AND CASE LAW IN NEW YORK

Driving while intoxicated offenses must be dealt with from both the criminal and administrative points of view. Laws regarding blood alcohol levels, penalties and implied consent have fluctuated. The work of legislature and the courts have been at odds; for instance revokation of a license without a hearing could be a violation of due process rights and submitting to a breath test must be preceeded by a valid arrest. Yet social programs have scarcely proved more effective as evidenced by an Alcohol Safety Action Program in Nassau County which resulted in no decrease in fatal accidents. Increased attention and funds to highway safety have created more arrests for drinking while driving. While this brings more cases to court the problem is still inadequately dealt with. There is some feeling that penalties are too severe for those drivers who do not injure anyone and not severe enough for those who do. Society must deal with drinking and driving as a multi dimensional problem which cannot be treated by the traditional criminal sanctions.

• Corporate Authors:

  HOFSTRA VERKEERSASVISEURS BV

  PO BOX 987
  GRONINGEN,   Netherlands  9700 AZ
• Authors:
  • King, J Y
  • Tipperman, M
• Publication Date: 1975-6

Media Info

• Serial:
  • Hofstra Law Review
  • Volume: 3
  • Issue Number: 3
  • Publisher: HOFSTRA VERKEERSASVISEURS BV

Subject/Index Terms

• TRT Terms: Adjudication; Administration; Crash rates; Crimes; Drunk drivers; Drunk driving; Laws; Social factors
• Identifier Terms: Alcohol Safety Action Program
• Old TRIS Terms: Asap (Alcohol safety action program)
• Subject Areas: Administration and Management; Highways; Law; Safety and Human Factors; Security and Emergencies; Society;

Filing Info

• Accession Number: 00127674
• Record Type: Publication
• Files: TRIS
• Created Date: Mar 10 1976 12:00AM