Sentencing Persons Convicted of Drink-Driving Offences

Abstract

In Victoria persons convicted of drink-driving offences face a period of licence disqualification. And from 'time to time consideration is given to proposals that the vehicles, or the registration plates of vehicles being driven by such persons, be impounded for the period of their licence disqualification.The purpose of this comment is to evaluate provisions which aim to prevent persons convicted of drink-driving offences from driving a motor vehicle for a specified period. This evaluation is divided into three sections: statement on the aims of sentencing; examination of the provisions in relation to these aims; comparison of these provisions with an alternative sentence. Possible Aims of Sentences for Drink-Driving OffencesUpon imposing a sentence on a person convicted of a drink-driving offence a judge or magistrate may attempt to achieve one or more of the following six goals, although in some instances a sentence giving effect to one aim may be incompatible with another:(i) exact atonement by penalizing the offender for the offence;(ii) deter the offender from subsequent unlawful behaviour by penalizing him; [Almost all persons convicted of drink-driving offences are male. For example, Raymond's (1973) study suggests that the ratio is approximately 98:2.1 (iii) deter potential offenders by threatening them with penalties for unlawful behaviour;(iv) protect the community from the offender by imposing external restraints until he is unlikely to commit the offence again;(v) institutionalize the community's abhorrence of the offence; (vi) encourage or order attendance at an educative or rehabilitative programme.These aims of sentencing appear in the literature frequently, although authors differ according to the aims which they endorse or reject and the passion with which they write. So it is appropriate that this evaluation offers comments 09 this theme. To this writer's mind the most desirable sentence for drink-driving offences is the one which minimizes the rate of recidivism while taking cognizance of the welfare and rights of the offender and his family, As such, one concurs with the second aim in principle. However, there are several potential difficulties associated with sentences giving effect to this aim and these should be emphasized at this point. First, it assumes that a person's decision to drink and drive, and drinking behaviour, are largely under his control or, perhaps, the control of companions. While our understanding of factors underlying excessive drinking is limited, it is likely that this is a reasonable