This paper proceeds from an acceptance of a role for criminal law in controlling drinking-driving. It reports evidence from the evaluation literature concerning the impact of law on crashes and other measures of alcohol-impaired driving. Certain criminal and quasi criminal policies appear to be effective in reducing drinking-driving. These are in general not the ones with the most severe penalties, but rather those that appear to deliver moderate penalties in a swift and sure way. Among the most important are massive screening of motorists, as in random breath testing, and administrative application of driver license penalties, as with 'per se' and implied consent statutes. However, though they may possess deterrent effectiveness and be evaluated as cost-effective, not all of their real costs are included in traditional calculations.
Abstract