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The National Agenda: a System to Fight Hardcore Dwi The National Hardcore Drunk Driver Project THE NATIONAL AGENDA: A SYSTEM TO FIGHT HARDCORE DWI The Goal: To protect the public by reducing the recidivism of hardcore drunk drivers. The Strategy: Mobilize an effective campaign to curtail hardcore drunk driving based on a coordinated system of mutually reinforcing components. Special criminal charges of Aggravated DWI and Hardcore DWI, with associated sanctions and remedial treatment, can provide the focus for such a system. The Rationale: A coordinated system is necessary to provide the framework needed to close loopholes in existing laws and programs, enact needed legislation, and ensure that the responsible agencies and organizations work together effectively to address the problem. For those states choosing to adopt them, special charges reinforce a coordinated system by requiring immediate identification and stipulating appropriate punishment and treatment that combined, act to reduce recidivism. By calling attention to the serious nature of the crime, a higher level charge acts as a general deterrent. Objectives and Tactics: Research shows that a system to deter, detect, punish and change the behavior of hardcore drunk drivers should be based on swift identification, certain punishment and effective treatment. An important factor for success is an accountable statewide planning group or task force, with representatives from pertinent state agencies and interested organizations, to spearhead change and monitor effectiveness. SWIFT IDENTIFICATION CERTAIN PUNISHMENT EFFECTIVE TREATMENT • Focused Enforcement Strategies • Administrative License • Early Intervention and Support Technologies Revocation (ALR) • Assessment-Based Programs • Statewide DWI Reporting System • Administrative Vehicle • Mandatory Participation Immobilization or Plate Seizure • More Severe Consequences • Intensive Monitoring/Supervision for Refusal to Submit to • Mandatory Alcohol Ignition Chemical Test Interlock • Dedicated Detention Facilities • Home Confinement with Electronic Monitoring • Judicial Education and DWI Courts www.centurycouncil.org NATIONAL HARDCORE DRUNK DRIVER PROJECT THE CENTURY COUNCIL 1 2 TABLE OF CONTENTS The National Agenda Acknowledgments About the Sourcebook Hardcore Drunk Drivers and Their Impact Swift Identification Focused Enforcement Strategies and Support Technologies Comprehensive Enforcement Strategies Saturation Patrols Sobriety Checkpoints Public Information Campaigns & Media Blitzes Special License Plates Standardized Field Sobriety Test Preliminary Breath Test Passive Alcohol Sensors In-Car Videotaping A DUI Public Reporting Program: 1-800-GRAB-DUI HOT Sheets Challenges to Hardcore Drunk Driver Detection and Identification Test Refusals Excessive Paperwork Insufficient Look-back Periods Statewide DWI Reporting Systems Guidelines for a Model DWI Tracking System Other Data Collection Systems Sharing Information Across State Lines The Driver License Compact The National Driver Register www.centurycouncil.org NATIONAL HARDCORE DRUNK DRIVER PROJECT THE CENTURY COUNCIL 3 Certain Punishment Two Tracks: Criminal and Administrative Procedures Driving While Suspended: Sidestepping the System Effective Deterrents for Driving While Suspended Prosecution of DWI Cases: The Challenges Sentencing Objectives Issues in Adjudication Test Refusal Failure to Appear Records Pre-Sentence Investigations DWI Courts Diversion Programs Factors That Influence Sentencing Court Monitoring Plea Bargaining Judicial DWI Seminars Sanctions Sanctioning Hardcore Drunk Drivers: A Graduated System Driver-Based Sanctions Licensing Actions/Administrative License Revocation (ALR) Administrative Licensing Actions Post-conviction Licensing Actions Conditional Licensing Community Service Victim Impact Panels Fines and Other Financial Sanctions Offender Funded Programs Supervisory and Probation Programs Probation Intensive Supervision Probation (ISP) Home Confinement with Electronic Monitoring Continuous Transdermal Alcohol Monitoring Incarceration 4 THE CENTURY COUNCIL NATIONAL HARDCORE DRUNK DRIVER PROJECT www.centurycouncil.org Vehicle-Based Sanctions Vehicle Registration, Cancellation, and License Plate Seizure Vehicle Immobilization Vehicle Impoundment Vehicle Forfeiture Ignition Interlock Devices Effective Treatment Assessment: Evaluating the Problems of the Hardcore Drunk Driver What Should Treatment Programs for Hardcore Drunk Drivers Include? Early Intervention Mandatory Participation: Treatment and Aftercare Educational Programs Restorative Justice in Ohio Dedicated Detention Facilities Baltimore County’s DWI Correctional Treatment Facility Suffolk County DWI Alternative Facility North Coast Correctional Treatment Facility, Lorain County, Ohio State Correctional Institute, Chester, Pennsylvania New Hampshire’s Multiple DWI Offender Intervention Detention Center Boot Camps/Shock Incarceration Collaboration Between the Judiciary and Treatment Programs Moving Forward Bibliography www.centurycouncil.org NATIONAL HARDCORE DRUNK DRIVER PROJECT THE CENTURY COUNCIL 5 6 ACKNOWLEDGMENTS This sourcebook was produced by the National Hardcore Drunk Driver Project, an initiative of The Century Council, an organization that promotes responsible decision-making regarding beverage alcohol and fights drunk driving and underage drinking. A number of organizations and individuals assisted with the development of the sourcebook. At its core is new survey information from all 50 states, the District of Columbia, and Puerto Rico. The information was obtained through the offices of the governors’ highway safety representatives in each state and The National District Attorneys’ Association Traffic Law Center. Without their help and that of the Governors Highway Safety Association, much of the information in this sourcebook would not have been available. Crucial to the sourcebook were the insights and recommendations of its national advisory panel, an interdisciplinary group of judges, researchers and professionals in the fields of alcohol abuse, law enforcement and traffic safety. The panel’s counsel, the state surveys and the most recent research on hardcore drunk driving guided its content. The original sourcebook for the National Hardcore Drunk Driver Project was developed for The Century Council by Blakey & Agnew, LLC, of Washington, D.C. The National Hardcore Drunk Driver Project Advisory Panel The Hardcore Drunk Driver Project is especially grateful to the following founding members of the project’s National Advisory Panel, all of whom played critical roles in developing this Source Book: Vincent M. Burgess Robert E. Mann Herb M. Simpson Director, Transportation Safety Senior Scientist President and CEO Virginia Department of Motor Vehicles Centre for Addiction and Mental Health Traffic Injury Research Foundation of Canada Richard D. Culver Christopher B. McNeil Judge, Superior Court of Indiana Administrative Hearing Examiner Robert B. Voas (Hancock County) State of Ohio Senior Researcher Pacific Institute for Barbara L. Harsha Susan Pikrallidas Research & Evaluation Executive Director Vice President, Public Affairs Governors Highway Safety Association American Automobile Association (AAA) Reginald Wilkinson Director James Hedlund State of Ohio Department of Former Associate Administrator, Traffic Safety Programs Rehabilitation and Correction National Highway Traffic Safety Administration www.centurycouncil.org NATIONAL HARDCORE DRUNK DRIVER PROJECT THE CENTURY COUNCIL 7 The Century Council The Century Council is a not-for-profit organization dedicated to fighting drunk driving and underage drinking and is funded by distillers including Bacardi U.S.A., Inc.; Beam Global Spirits & Wine, Inc.; Brown-Forman; Constellation Brands, Inc.; DIAGEO; Hood River Distillers, Inc.; and Sidney Frank Importing Co. Inc. Headquartered in Arlington, Virginia and chaired by Susan Molinari, The Century Council is a leader in the fight to eliminate drunk driving and underage drinking and promotes responsible decision making regarding beverage alcohol. Our Mission The Century Council develops and implements innovative programs and public awareness campaigns and promotes action through strategic partnerships. Established in 1991, The Century Council’s initiatives are highlighted on its website at www.centurycouncil.org. The Century Council The Hon. Susan M. Molinari Chairman Ralph S. Blackman President and CEO 8 THE CENTURY COUNCIL NATIONAL HARDCORE DRUNK DRIVER PROJECT www.centurycouncil.org ABOUT THE SOURCEBOOK Since the Second Edition was printed in 2003, there has been a proliferation of new research, legislation and programs. This is the Third Edition of Combating Hardcore Drunk Driving, a sourcebook which was originally produced in 1997 by The National Hardcore Drunk Driver Project and the first to be available solely online. The Project is an initiative of The Century Council. The original sourcebook, which was reprinted twice, and the second edition became a frequently cited reference and resource for safety advocates and state leaders. The original sourcebook was the first traffic safety community effort to provide a single, comprehensive resource to assist in reducing fatalities, injuries and crashes caused by repeat offenders and drivers with high blood alcohol concentration (BAC) levels of .15 and above. It included information on a broad range of policies, laws, sanctions and treatment programs, culled from professionals in the field of alcohol abuse, traffic safety and research and from surveys of U.S. territories, special
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