Gouvin E J
Am J Law Med. 1987;12(1):99-130.
Health laws in every state recognize alcoholism as a treatable disease. State drunk driving laws, however, inadequately provide for alcoholic drunk drivers. Studies show that problem drinkers make up as much as two-thirds of the DWI offender class. Alcoholic drunk drivers cannot fully conform their drinking behavior to the dictates of the law as long as their alcoholism remains untreated. This Note argues that the law should consistently treat alcoholism as a disease. This Note suggests that the most appropriate way for the legal system to deal with alcoholic DWI offenders is to suspend the offender's license until he can show that he has successfully completed an initial alcohol detoxification/rehabilitation program. In addition, because alcoholism requires lifelong treatment, alcoholic drivers should be required to present periodic documentation that their condition is under supervised treatment. Epileptic drivers are handled in a similar manner in most states.
每个州的健康法都将酗酒视为一种可治疗的疾病。然而，各州的酒后驾车法律对酗酒的醉酒驾驶者规定不足。研究表明，问题饮酒者在酒驾犯罪群体中占比高达三分之二。只要酗酒问题得不到治疗，酗酒的醉酒驾驶者就无法完全使其饮酒行为符合法律规定。本注释认为，法律应始终将酗酒视为一种疾病。本注释建议，法律系统处理酗酒的酒驾犯罪者的最合适方式是吊销其驾照，直到他能证明自己已成功完成初始酒精排毒/康复项目。此外，由于酗酒需要终身治疗，酗酒驾驶者应被要求定期提供其病情正在接受监督治疗的证明。在大多数州，癫痫患者驾驶者也以类似方式处理。
