AV Preeminent
The Florida Bar

The Aim of DUI Prosecution Should Be to Reduce Injury Rather than to Criminalize Driving

It’s difficult to conceptualize but nonetheless should be considered that DUI laws are ultimately designed to protect citizens from harm or loss rather than to brand otherwise law abiding citizens with a criminal record.

Broward County DUI attorneys understand that reducing traffic casualties is an enormous challenge. The public tends to associate social control of traffic with improving drivers’ skills and changing the attitudes and behavior of careless and irresponsible drivers. This is surely an important—but not the only or necessarily the most efficient—social control strategy. Thus, casualties can be reduced by (1) preventing crashes or (2) preventing injuries sustained in crashes. Crashes can be prevented by safer driving, better-designed vehicles, and safer roads. Injuries can be prevented or reduced in severity by more crashworthy vehicles, more crashworthy roads (i.e., roads with impact-absorbing crash barriers rather than trees and poles), and better emergency medical services.

Is it possible that the tremendous cost of DUI prosecution may have been more effectively appropriated at preventing loss and injury through other means?

Comments on this issue are welcomed. Please contact the Broward County DUI attorneys of AMlaw directly or simply email us.

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