Within the last couple of years a dramatic change of judging the drinking driver has taken place having serious consequences for the individuals involved. Many DWI offenders are forced to abstain from any alcoholic beverage though characteristics of personality as well as of offence indicate that rehabilitation by participation in an intervention program may result in the same reduction of relapse probability as for a comparable group of drivers in the years before. The changed reflection is mainly caused by a superficial overestimation of blood alcohol concentration (BAC) figures found at the time of event. There is a tendency to regard BAC values as unquestionable indications of addiction. In particular the numerous publications by Stephan, who decisively has influenced the rigorous judgement of drinking drivers, are typical of using a static view of drinking habits that does not describe the actual drinking patterns of the problem drinker. Therefore, a dynamic view is discussed. Furthermore, a critical acknowledgement of findings is carried out for those drinking experiments that have been a contribution to the change of opinions. The authors finally refer to the necessity of therapeutic interventions which in comparison to imposed abstinence proved to reduce relapse probability.

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