Society's primary strategy for managing the safety risks posed by the impaired driver is the legal approach based on the principle of deterrence. However, many aspects of current state legislation are inadequate and inhibit law enforcement, especially with respect to drivers who are impaired by drugs other than alcohol. Many of these deficiencies can be remedied by legislative changes. This paper examines the chief legal tools directed against the impaired driver, describes major constraints on law enforcement, identifies the principal deficiencies of existing impaired- driving and implied- consent laws, and presents proposals for amending deficient laws.
Abstract