Repeat DUI offenders constitute about 33% of all those convicted of a DUI offense in the United States. A recent study conducted by a psychiatric student in Turkey, however, suggests that repeat offenders may suffer from a subtle defect that affects their ability to make reasonable judgments associated with alcohol abuse.
The study compared second-time DUI offenders with non-offenders on a psychiatric assessment called the IGT, or Iowa Gambling Task, that is used to measure decision-making cognition in problems related to alcohol. The IGT test is considered a reliable measure because it simulates real-life situations and is better suited to detect problems in neurocognitive impairments.
The repeat DUI offenders, or recidivists, were found to suffer from cognitive impulsiveness. In other words, repeat offenders couldn't associate the bad experience of a DUI arrest with the negative consequences of jail time, fines, loss of a driver's license, possible injury to others, dramatic increases in insurance coverage and social condemnation.
The public's image of a drunk driver is not a good one. Most people feel that an offender is a person who should have been well aware of the dangers of drinking and driving, but chose to pursue an inappropriate and illegal course of action anyway. This study suggests that persons with this defect have added difficulty in making the rational decision not to repeat the bad behavior that led to such traumatic consequences.
While the study may not change many people's conceptions of repeat DUI offenders, it may lend some scientific credibility to explain why some people make irrational decisions and that they aren't inherently bad people. The findings may someday lead to sensitivity in sentencing and in identifying those at risk for recidivism. Some attorneys may seize upon the study as a possible defense to a drunk driving offense if it could be shown that a cognitively impaired person couldn't prevent the negative behavior.
The study may offer some reassurance to those facing long prison sentences for a third or more DUI offense if a sympathetic judge can rely on a cognitive defect as a mitigating factor in an offender's recidivist behavior. For multiple offenders, it is essential that they contact and retain an experienced Phoenix DUI or criminal defense attorney since the legal consequences of a DUI conviction increase with each repeat offense.
