Massachusetts Alcohol Addiction: Judicial Attitudes toward Alcoholics

In Part I, Massachusetts (MA) Drug Addiction: judicial attitudes toward drug abuse offenders, I discussed how the Massachusetts judicial system handles criminal drug abusers. However, Massachusetts also has a high number of alcoholics. A recent Substance Abuse and Mental Health Services Administration (SAMHSA) study found that Massachusetts is among the top ten states for binge alcohol drinking (five or more drinks on one day in a month). It is estimated that 25% of Massachusetts residents binge drink. Although there are no conclusive explanations as to why Massachusetts has such a high rate of alcoholism, perhaps some insight can be gained by an examination of the number of college students who reside in the state compared to states with lower rates of alcoholism. Whatever the reason, Massachusetts residents clearly have a problem controlling their alcohol intake.

Driving Under the Influence of Alcohol in Massachusetts

While there is no formal DUI court in Massachusetts, thirteen thousand Massachusetts drivers are convicted of driving under the influence of alcohol each year in Massachusetts criminal courts. One of the most recent cases was that of a Beverly man who pleaded guilty in Salem court to his fifth DUI offense. The driver had accumulated the offenses over a period of thirty years. His most recent conviction, for driving at three times the legal limit, earned him a sentence of three and a half years in prison and the loss of his license for the rest of his life.

Over the past 20 years, Massachusetts has had to modify its drunk driving laws to institute progressively stricter penalties for driving under the influence. As the number of alcohol-involved traffic stops has risen so has the number of criminal defendants who appear before Massachusetts judges. Each person convicted of driving under the influence of alcohol must be assessed for alcohol abuse and substance abuse prior to sentencing. The judge may take the assessment results into consideration when handing down a sentence.

Like most states, Massachusetts punishes DUI offenders according to their blood alcohol content at the time of arrest, severity of harm to individuals and property, and number of prior offenses. Massachusetts is among the few states to offer first-time DUI offenders the chance to have the charges dismissed upon successful completion of a alcohol treatment program by an accredited Massachusetts drug treatment provider. The program is open to those drivers with no prior criminal record and they must serve one year of probation. Those first-offenders who do not qualify for the program face two years of probation, a driver alcohol education program and, if necessary, a substance abuse treatment program.

While first time offenders are given the benefit of the doubt as to their level alcohol addiction, Massachusetts seems to treat second time DUI offenders as alcoholics given that a two-week inpatient alcohol treatment program is often mandated as part of the sentence, in addition to fines and other criminal sanctions.

The Correctional Recovery Academy for Massachusetts Alcoholics and Drug Addict

By the third DUI offense, the driver is likely to be sentenced to some jail time (a maximum of five years). Certain alcoholics can serve the sentence at a Massachusetts Department of Corrections facility that offers an alcohol treatment program, such as the Correctional Recovery Academy. The program targets substance abuse and relapse prevention and consists of a six-month residential component where the alcoholics live together in a common unit and work on cognitive behavioral therapy techniques to combat their addiction(s). While there, the alcohol abusers are forced to recognize their substance abuse issues, create a treatment plan, learn relapse prevention skills, learn to cope with urges and cravings for alcohol, and create a recovery plan. The residential program is followed by an eight week maintenance program, and then a period of reintegration planning where plans are made for housing, employment and substance abuse treatment after release.

Millie Anne Cavanaugh is an attorney licensed to practice law in California & Massachusetts and is a former insurance defense lawyer. The information contained herein is provided for informational purposes only, and should not be construed as a solicitation for your business or as legal advice on any subject matter. You should not act or refrain from acting on the basis of this information without seeking independent legal advice.

Tags: Alcoholism, DUI, legal issues