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33 Loy. U. Chi. L.J. 691 (2001-2002)
DUI as a Crime of Violence under 18 U.S.C. 16(b); Does a Drunk Driver Risk Using Force

handle is hein.journals/luclj33 and id is 701 raw text is: Comment DUI as a Crime of Violence Under 18 U.S.C. § 16(b); Does a Drunk Driver Risk Using Force? Michael G. Salemi* I. INTRODUCTION Courts and commentators agree that driving under the influence (DUI)' of alcohol is a serious offense that wreaks a huge toll on society in the form of loss of life, physical injury, and property damage.2 Each year, drunk drivers cause over twenty-five thousand deaths, one million personal injuries, and more than five billion dollars in property damage.3 Residents of the United States commit the offense of DUI more frequently than almost any other offense.4 In 2000 alone, approximately 9.8 million people were arrested for DUI.5 In response to the threat that driving under the influence of alcohol poses, states have increased the penalties for DUI in the last twenty years.6 * J.D. expected May 2003. I would like to thank my wife, Teresa, for her love, support, and patience. I would also like to thank my daughter, Annalore, for always reminding me of what is truly important. Finally, I thank Dan Tardiff and the entire editorial staff of the Law Journal for their helpful comments and suggestions. 1. This Comment will refer to the offense of drunken driving generically as DUI although many states refer to the offense by other names, such as driving while intoxicated or driving while ability impaired. See ROBERT S. REIFF, DRUNK DRIVING AND RELATED VEHICULAR OFFENSES I (2d ed. 1999). 2. See Mich. Dep't of State Police v. Sitz, 496 U.S. 444, 451 (1990); Dalton v. Ashcroft, 257 F.3d 200, 208 (2d Cir. 2001) (describing drunk driving as reprehensible conduct that presents an urgent, nationwide problem of staggering proportion); United States v. Rutherford, 54 F.3d 370, 376 (7th Cir. 1995) (Drunk driving, by its nature, presents a serious risk of physical injury.). 3. See Sitz, 496 U.S. at 451 (citing 4 W. LAFAVE, SEARCH AND SEIZURE: A TREATISE ON THE FOURTH AMENDMENT § 10.8(d), at 71 (2d ed. 1987)). 4. LAWRENCE TAYLOR, DRUNK DRIVING DEFENSE § 1.0 (5th ed. 2000). 5. U.S. CENSUS BUREAU, STATISTICAL ABSTRACT OF THE UNITED STATES 211 tbl. 345 (120th ed. 2000). 6. See generally REIFF, supra note 1, at 1-2 (discussing increased penalties for DUI).

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