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You Drink, You Drive, You Lose: Or Do You?

28 Pages Posted: 13 Dec 2011 Last revised: 28 Dec 2011

Tina Cafaro

Western New England University School of Law

Date Written: 2006


This Article explores different ways to effectively discourage the crime of alcohol impaired driving. Part I analyzes the trend of utilizing preventive educational measures to counteract societal acceptance of this crime and the shortcomings of relying exclusively on this measure. Part II discusses OUI prevention based on deterrence and the use of stricter penalties, such as mandatory jail sentences, to stop alcohol impaired drivers. This section explores whether the trend of increasing the severity of the punishment for OUI offenses is effective in stopping the crime. This section also discusses the shortcomings of OUI legislation that make deterrence of OUI difficult. Part III explores ways to combat the problem of OUI, including implementing uniform Dram Shop Laws, providing law enforcement with adequate funding to facilitate the apprehension of OUI violators, decriminalizing first offense OUI, and combining preventive societal measures with legal means aimed at increasing the likelihood of arrest and the certainty of conviction. Ultimately, to properly address this issue, the target of awareness campaigns must shift away from the general public and focus on alcohol serving institutions.

Keywords: drunk driving, driving under the influence, DUI, OUI, drinking, driving, criminal law

Suggested Citation

Cafaro, Tina, You Drink, You Drive, You Lose: Or Do You? (2006). Gonzaga Law Review, Vol. 42, p. 1, 2006/2007. Available at SSRN:

Tina Cafaro (Contact Author)

Western New England University School of Law ( email )

1215 Wilbraham Road
Springfield, MA 01119
United States

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