A S A P and the Courts: Learning from Experience the Problems of System Interface

Abstract

Judges unwilling to apply only punitive sanctions against drinking drivers can gain insight into the problems and benefits of court-based treatment systems from the experience of the federally funded Alcohol Safety Action Projects located in 35 states. Because of the ASAPs' inexperience with the courts, they encountered many difficulties at first, and many judges were cautious or antagonistic. Within a year, however, greater experience and mutual need brought about closer cooperation. Two major systems for referring drinking drivers have now emerged, each with adaptations to local needs. The first is based on individual judicial attention to each case. The second shifts the caseload by various methods from judges to prosecutors and/or pre-sentence and probation personnel. The main factors determining a court system's choice are judicial attitudes, statutes, licensing penalties, and conflicts between various elements of the court system and the legal profession. An ASAP-like agency is useful in providing the courts with information, education, motivation, and management assistance (problem-solving and evaluation).