DWI COURTS

Impaired Driving Case Essentials

Honorable Michael Barrasse Honorable Peggy Fulton Hora

Rhinestone Cowboy at .20 “Down and Out in Beverly Hills” “Rock Bottom” at .17 Brave(?) Mouth at .12 with prior “Baby Love” at .20 Objectives  Overview of NCDC/DWI Model  Federally funded DWI Courts  Discuss Unique Attributes of DWI cases  Discuss “Ideal Participants” for DWI Courts  Consider DWI Court workings Don’t drink and make signs Problem Solving Courts

 Problem Solving Courts a.k.a Collaborative Justice, Solution-Focused Courts  Problem Solving Focus  Team Approach to Decision Making  Integration of ancillary services  Judicial Supervision of Treatment Process and Proactive Role of Judge In and Out of Court  Direct Interaction between Participants and Judge  Community Outreach

~2,500 Drug Tx Courts in U.S.

Adult Federal Juvenile District

Drug Tx Campus Family Courts

Tribal DWI Reentry 500 1,157 Problem-Solving Courts

Re- entry Gambling Gun

Child Community Supp

Mental Truancy P-S Health Courts

Integrated DV Tx

Veteran Prosti- tution Home Parole less Vio. International Perspective on Problem-Solving Courts

 Australia Bermuda  England Jamaica  Canada Mauritius  Scotland Wales  Ireland Northern Ireland  New Zealand Guam  Cayman Islands N. Marianas  Belgium Guam  Netherlands Mexico  Georgia Surinam  Macedonia Israel  Brazil Norway

Problem Solving Considerations

 Changing Traditional Attitudes of Judges and other team members  Changing Role Orientations of Judges and other team members  Resource Constraints  Time Constraints  Judicial Leadership is a MUST!

Judicial Problem Solving Mindset

 Do you have it?

 Have more questions (in individual cases)?

 Care to seek more information?

 Willing to explore broader solution range?

 Wish for a positive experience? Direct Interaction with Participants

 Prerequisite for Behavior Modification  Motivates Participants for Success  Finds Crucial Needs of Participants  Lays backbone for Positive Solutions Ongoing Judicial Supervision

 Participants reports back (usually weekly, bi-weekly or monthly)  Minimum is every 2 weeks for best results  Team members update Court regularly  Sentence adapted as participant progresses or regresses

Barriers to Problem Solving Courts  Time  Resources  Judicial Role  Personality  Education  Training

Show Me the Money

• Dept. of Transportation (National Highway Traffic Safety Administration) • 23 CFR Part 1313 (implements 23 U.S.C. 410) effective 6/20/06 • States receive Incentive Grants (called Section 410 Grants) • -impaired driving prevention programs DWI Court Grant Qualification

 Must abide by Ten Guiding Principles

 Established by NCDC (National Center for DWI Courts)

 State must have one court initially

 Increases one court each year of compliance (four year grants)

 States with four or more DWI Courts compliant

 Hybrid Drug Courts (include DWI) compliant DWI Facts  A “first time” DUI defendant has driven 400 times under the influence before being caught.  Average BAC .15 Who’s Drinking Alcohol?

 36% don’t drink  2006 = 74% had drink last week;  1996 = 54%  8% drink 2/3 sold  5% consume 50% 1.5 million DWI arrests/year

500,000

"First" Prior

1,000,000

Repeat offenders

 There are >2 million drivers with three or more DWI convictions  400,000 with five or more  ½ fatal alcohol related crashes were .15 or > OR a repeat offender with a arrest or conviction in the last ten years Why Should You Care?  Many traditional responses are not effective  Reduces recidivism  Combines punishment with treatment AND supervision  Oversight by Court  Dramatic Cost Savings to Jurisdiction and State  $20,000 to incarcerate one year  $2500 to $3500 per year for drug court

Reduced recidivism

DWI re-arrest rates

Bernalillo 15.5% 28.5% after 2 years

13% 33% after 5 years DWI Court Lansing MI BAU

4% 25% after 2 years Kootenai ID

0% 20% 40% 60% 80% 100% Michigan DWI/Drug Court Outcome Evaluation 2007

A L L 25

20 D W 15.2% 24.2% I 15 DWI Ct.

10

BAU

13.6% 5 4.3% 7.7%

BAU 0 .07% Year 1 DWI Ct. Year 2 Year 3 Georgia DUI Court Study 2011

 Three site study in GA over 4 years  Re-arrest rate 9% for graduates vs. 26% for non-participants after 4 years  DUI Courts prevented 47-112 repeat arrests over 4 years

 Fell, et al., “An Evauation of the Three Georgia DUI Courts,” NHTSA (March 2011) Efficacy

 DWI Courts reduce re-arrest 19x’s greater than business as usual 10 Guiding Principles

• 1. Determining the • 6. Take a Judicial Population Leadership Role • 2. Performing a Clinical • 7. Develop Case Assessment Management Strategies • 3. Develop the • 8. Address Treatment Plan Transportation Issues • 4. Supervise the • 9. Evaluate the Program Offender • 10. Ensure a • 5. Forge Agency, Sustainable Program Organization and Community Partnerships Guiding Principle #1 Determining the Population

 Targeting-process of identifying subset of DWI offender population for inclusion  Accept only one type of offender  Person who drives while impaired by alcohol or other drugs Determining Target Population

 Collaborate with Community  Law enforcement, Prosecutors, Victims groups (e.g., MADD), civic clubs, defense counsel, treatment community, faith-based  Sufficient size for community impact  Modest enough to provide quality services  Consider First Time Offenders  Focus on Repeat Offenders  Unique Target Population for your community Guiding Principle #2 Perform a Clinical Assessment

 Clinically competent, objective assessment  Alcohol Use Severity (ASI)  Drug Involvement  Level of Needed Care  Medical and Mental Health Status  Social Support Systems  Individual Motivation to Change Other Clinical Considerations

 Psychiatric Status  Employment and Financial Status  Alcohol Triggers and Cognitions  Family and Social Status  Level of Care Placement Guiding Principle #3 Develop the Treatment Plan

 Must address multiple problem areas

 Drug Dependency

 Mental Health Issues

 Individually treatment services

 Prescribed

 Most likely to bring about change

Guiding Principle #4 Supervise the Offender

 Community Supervision  Drug Court Coordinator and Case Specialist  Constant Monitoring, Testing and Supervision  Compliance with Court Orders  Recommendations to the Judge

Guiding Principle #5 Forge Agency, Organization & Community Partnerships

 Essential to Success of Program  Enhance Credibility  Bolster Support  Broaden Available Resources  Teamwork essential in and out of Court

Partnerships in Your Jurisdiction

 What are some of the partnerships that you would consider essential to have a successful DWI Court in your community? Guiding Principle #6 Take a Judicial Leadership Role • Judge is vital to success • Must possess leadership skills • Must motivate team members and participants • Must sell the program to the community • Judge is backbone of Drug Court Team

Considerations for Judge

 Level of need within community  Sufficiency of Resources  Team member level of interest  Cohesiveness of team members  Administer DWI Court within statutory mandates  Develop Appropriate Sanctions and Incentives  Deal with Positive and Negative

Guiding Principle #7 Develop Case Management Strategies

 1. Assessment  2. Planning  3. Linking  4. Monitoring  5. Advocacy Guiding Principle #8 Address Transportation Issues

 Participant needs a ride!  Participant must attend counselling, court, drug testing, Adult Education, maintain employment . .  State suspend driving privilege for DWI Conviction?  Transportation likely your largest obstacle  Hardship Licenses might be crucial

Guiding Principle #9 Evaluate the Program

 Evaluation maps programs success or failure

 Determines which clients have best outcome

 Which interventions produce improved outcomes

 Which clients have better outcomes when exposed to specific interventions

 Evaluations usually done by Agency (e.g. State University) Guiding Principle #10 Ensure a Sustainable Program

 State and/or Federal Funding  Medicaid and Managed Care  Counties and Municipalities  Client Fees  Affiliations with Non-Profit Organizations  Foundations, Service Organizations and Private Business

Other Sustainability Considerations

 Law Enforcement and Probation  Treatment Partners  Media Partners  Community Organizations  Funding

Useful Methods for Handling DWI Cases

 Consider resources, both presently available and unavailable, to your court  Consider resources within the constraints of your statutes and regulations  Consider how these resources can be applied in both DWI Court and non-DWI Court setting

 “If drinking is interfering with your work, you’re probably a heavy drinker. If work is interfering with your drinking, you’re probably an alcoholic.”

 Anonymous

September 7, 2007 47 Sentencing Options DWI Offenders  Ignition Interlock Device (IID)

 Home Electronic Alcohol Monitoring (HEMI)

 Frequent Alcohol/Drug Testing (breath, blood, saliva ,hair, liver panels)

 Staggered Sentencing/Imprisonment

 Home Confinement/Curfews

 Home checks

Operation of DWI Court

 Discussion of Court Sessions  Forms Utilized by DWI Court  Unique Elements of DWI Cases  What makes a DWI case unique from any other case? Getting Our Community Involved

• Form Steering Committee • Form Team for Training • Include Prosecutors, Law Enforcement, Defense Counsel (probably Public Defender), Treatment Community, Judges, Community Supervisor (if possible) • Attend free NCDC Trainings Who is our Target Population?

 Convicted DWI-multiple offenders  Exceptions for 1st time offenders  Alcohol and/or Drug Use Identified  Community resident  Ability to Complete Program Successfully  Participants congruent with resources

Prognostic Risks

 Current age <25  Delinquent onset <16  Substance abuse onset <14  Prior rehabilitation failures  History of violence  ASPD (20-25% of those in tx)  Psychopathy (3-5% of those in tx)  Familial hx of crime/addiction  Criminal/substance abuse associates  High risk does not equal violence or dangerousness

 High risk requires greater services and supervision or will recidivate Criminogenic Needs

 Substance Dependence or Addiction 1. Binge pattern 2. Cravings or compulsions 3. Withdrawal symptoms  Alcoholic = Abstinence is a distal goal  Substance abuse = abstinence is a proximal goal Collateral needs

 Co-occurring disorders  Chronic medical conditions  Homelessness, chronic un- or underemployment

 Regimen compliance is proximal

TARGET: High risk, high needs

 Frequent status hearings  Tx and habilitation  Compliance/attendance is proximal  Restrictive consequences  Positive reinforcement  Medically assisted tx Pueraria lobata (Kudzu)

 “Heavy” drinkers (>26 drinks/week)  Kudzu extract for 7 days  Significant reduction in number of beers consumed

Lukas, SE, et al., “An extract of the Chinese herbal root kudzu reduces alcohol drinking by heavy drinkers in a naturalistic setting,” Alcoholism: Clinical & Experimental Research 29:756-762, 2005 Medically Assisted Treatment

(Antabuse®) [new promise for cocaine addiction when combined with buprenorphine]  Naltrexone Hydrochloride (ReVia®) or Nalmefene (Revex®) [antagonists that reduce craving and blunt the high if alcohol taken; efficacy may have genetic component]  Vivitrol® long-acting Naltrexone once-a- month injection  Acamprosate Calcium (Campral®) [better for liver disease patients] “Strengthens the will to say no”  Fluoxetine (Prozac®) [among the 50 new trials on alcoholism] http://clinicaltrials.gov

Seeking Clients

• Judge, Prosecutor, Defense Counsel seek participants within Target Population • Family, friends and community members helpful • Defendant must agree to participate • Screening, Criminal Background, ASI completed by Coordinator and Treatment Provider • Individualized Program Plan completed for participant • Defendant formally admitted to Program

Could you complete program?

• Three intensive phases to graduate • Phase I-Most Intensive Phase lasts 3 to 6 months • Phase II-Educational Period lasts 6 to 9 months • Phase III-Self-Motivational Phase-3 to 6 months • Successful participant requires 12 to 18 months • Graduation then six months Aftercare component • Up to 2 years for completion!

Other Program Requirements

 Drug Court Staff Supervision  Frequent Drug Testing  Counseling Sessions (Treatment)  AA/NA meetings  Employment, Education or Community Service  Adult Education/Family Learning  Scheduled Court Sessions

Court Sessions

 Staff Team Meetings  Discuss Individual Cases  Input from team members  Consensus on Individual case plan  Judge carries out decision in courtroom

Personal Satisfaction

 Judge witnesses positive change  Participants change physically before your eyes  Families, friends and community are impacted  “You have changed my life”  “If you do nothing else in your life, you’ve changed our community” Some Useful Resources

• HARDCORE DRUNK DRIVING JUDICIAL GUIDE, National Association of State Judicial Educators, www.nasje.org • National Center for DWI Courts, www.allrise.org (various publications)

• National Highway Traffic Safety Administration, www.nhtsa.dot.gov • National Judicial College, www.judges.org

CONCLUSION

 DWI Court is Problem Solving Court  Incorporates Punishment, Treatment & Oversight  DWI Courts save money, reduce recidivism, increase public safety  Drug Court will change many lives  Especially the Judge’s!