APRI Highlights - Summer 2003

John Bobo

Director of the National Traffic Law Center

Alcohol Facts That Every Prosecutor Should Know

The majority of Americans can drink without causing problems for themselves or their community. However, as any prosecutor knows, alcohol abuse and dependence are at the core of a large number of cases. After all, alcohol is the most used intoxicating substance in society.

To assist offenders in treatment, which is the prosecutor’s best tool of prevention, it is important to understand how alcohol problems break down.

The risky drinker consumes alcohol in a way that poses a risk of physical or emotional harm to themselves or others, but has not manifested behavior requiring a diagnosis of alcohol abuse or dependence. Early identification of risky drinking can help prevent alcohol abuse and dependence.

The alcohol abuser engages in regular alcohol use despite recurrent adverse consequences, e.g., failure to fulfill obligations at work, school or home; using alcohol in physically hazardous situations, such as driving; or persistent social or personal problems. While problematic, alcohol abuse usually does not progress to dependence.

Alcohol dependence is a chronic disease with definable symptoms, including the following:

Tolerance: The need for more and more alcohol to become intoxicated.

Withdrawal: Tremors, sweating, high pulse rate, nausea, vomiting, insomnia, anxiety, hallucinations or grand mal seizures.

Drinking larger amounts or drinking over a longer period than intended.

A persistent desire or unsuccessful efforts to cut down on or control alcohol use.

Spending a great deal of time obtaining, using or recovering from the effects of alcohol.

Giving up or reducing social, occupational or recreational activities because of alcohol use.

Using alcohol despite persistent or recurring physical or psychological problems caused or exacerbated by alcohol.

Prosecutors & Prevention

Prosecutors play a significant role in reducing these alcohol problems through early intervention, treatment and prevention. Alcohol problems may vary in duration and severity, and prosecutors need to consider factors that affect treatment of a defendant’s problems, such as age, physical health, mental health and cultural background. A comprehensive assessment should provide a detailed description of the kind of alcohol problem and the treatment recommended.

Prosecutors can help to prevent alcohol dependence through aggressive prosecution of youth-related alcohol offenses. Research shows that of those teenagers 15 and younger who start drinking, about 40 percent will develop alcohol dependence, versus 10 percent of those who start drinking at the age of 21 or older. Prosecutors can encourage parental support, help teenagers connect with appropriate resources and monitor youths.

For more information on prosecution, prevention and treatment of substance abusers in impaired driving cases, contact APRI’s National Traffic Law Center at 703-549-4253 or trafficlaw@ndaa-apri.org.