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Hardcore drunk drivers in Alabama can be defined as individuals who drive with a high blood alcohol concentration (BAC) of .15 or above, who do so repeatedly, as demonstrated by having more than one drunk driving arrest, and who are highly resistant to changing their behavior despite previous sanctions, treatment, or education efforts.
Listed below are the terms most closely matching the definition above which could be used in Alabama to identify these offenders:
�Repeat offender.�
Repeat offenders are defined in statute by 2nd, 3rd, 4th or subsequent offense within 5 years.
DUI becomes a felony on the 4th offense.
DWI REPORTING
Records on repeat offenses are one of the primary means of tracking the problem of hardcore drunk drivers.
The following are key aspects of Alabama records:
New licensees are reviewed for outstanding suspensions/revocations in other states before a license is granted, but DUI convictions from other states are not considered prior offenses in Alabama within the limits of the law.
The approximate number of licensed drivers in Alabama is 3.1 million.
The average BAC level of offenders arrested in Alabama is approximately .16.
Statistics kept on repeat offenders are based on convictions. According to the most recent information available, in 1995 there were 8,913 convictions for 2nd and subsequent DUIs in Alabama.
IDENTIFICATION AND ASSESSMENT
Identifying those drivers who are likely to repeatedly drive drunk and assessing the nature of their underlying problems is essential in order to keep hardcore offenders off the road.
In Alabama identification of repeat offenders occurs most frequently post-conviction but pre-sentencing.
Offenders with a high BAC at the time of arrest are treated as follows:
� All offenders are treated the same regardless of BAC.
Following conviction, offenders, as shown, receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem:
� All offenders.
In Alabama the assessment is conducted post-trial, but pre-sentencing and the individual returns to court for final sentencing based on the assessment.
Assessments are conducted by a court-employed assessment specialist (Court Referral Program). The cost is $50 and is usually borne by the offender.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In Alabama results of the assessment are provided to the offender�s attorney, the judge/administrator presiding over the case, and the treatment agency. The offender is referred to treatment on the basis of the assessment by order of the court.
Treatment is mandated for repeat offenders under the following circumstances: Offenders are required to attend education or treatment as recommended by the assessment. Repeat offenders are in most cases required to attend an intensive out-patient treatment program with monitoring by the Court Referral Officer.
Offenders failing to comply with the terms of their program are not eligible for license reinstatement and may be returned to the court for further action.
The following treatment facility or program specifically targets the hardcore drunk driver: Court Referral Program.
ENFORCEMENT
While law enforcement works against drunk driving across the board, it is central in the battle against hardcore drunk drivers.
The following enforcement techniques are used in Alabama to detect and apprehend drunk drivers:
Sobriety Checkpoints, Blanket Patrols, Media Blitzes with Enforcement Campaigns, Standardized Field Sobriety Testing, Mobile Video-taping.
PROSECUTION AND SENTENCING PRACTICES
A number of factors influence the sentence a drunk driver receives.
In Alabama there is no Anti-Plea Bargaining Statute for DUI.
In Alabama the period of time in which a judge or administrator can review an offender�s record (the �look-back� period) is 5 years.
At the time of sentencing, an individual�s arrest and conviction records are available for consideration by the court. This information includes his or her entire criminal record.
In Alabama there are graduated penalties for DUI based on number of offenses.
SANCTIONS
Sanctions against the offender may be derived from criminal action, i.e. court-ordered, or administrative action by the licensing authority as a condition of license reinstatement. Many are aimed at preventing or limiting the opportunity of the hardcore offender to drink and drive. The purpose of others is rehabilitation.
In the State of Alabama, the following sanctions may only be ordered by the court:
Fines: $500 to $10,000 with no mandatory minimums.
Incarceration - Mandatory minimums: 2nd offense - 48 consecutive hours, 3rd offense - 60 days, 4th or subsequent - 1 year + 1 day.
Community Service: 2nd offense - 20 days minimum (may serve in lieu of imprisonment).
Home Confinement with Electronic Monitoring, Intensive Supervision Probation, Victim Impact Panel: At the discretion of the court.
Action Against Offender�s Vehicle: Registration Cancellation/Plate Seizure.
� Vehicle Immobilization, Vehicle Impoundment, Vehicle Forfeiture: None.
Other special assessments/surcharges: $100 Head and Spinal Cord Injury Fund, Victim Restitution.
The following sanctions may be ordered by the court or by the licensing authority:
Licensing Action:
� Suspension/Revocation: Alabama has both pre-conviction administrative and post- conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: $50, $100 if license was not surrendered timely.
� Conditional Licensing: None.
� Alcohol Ignition Interlock, Autotimer, Fuel Lock, Special Plate Markings: None.
Rehabilitation:
� Assessment/Screening: $50, of this $5 is placed in a fund for indigent offenders and $45 funds the Court Referral Program. Monitoring as required costs the offender $20 monthly.
� Education: Level I (1st offenders) - 12 hours of classroom instruction $115. Level II (more serious offenders) - 8 3-hour sessions plus 4 hours of self-help $250.
�Treatment: According to assessment determination, more serious offenders may also be required to complete an intensive out-patient treatment program with monitoring by Court Referral Officer (a form of probation). Cost varies and offender must pay.
� Intensive Weekend Intervention: None.
Listed below are the terms most closely matching the definition above which could be used in Alabama to identify these offenders:
�Repeat offender.�
Repeat offenders are defined in statute by 2nd, 3rd, 4th or subsequent offense within 5 years.
DUI becomes a felony on the 4th offense.
DWI REPORTING
Records on repeat offenses are one of the primary means of tracking the problem of hardcore drunk drivers.
The following are key aspects of Alabama records:
New licensees are reviewed for outstanding suspensions/revocations in other states before a license is granted, but DUI convictions from other states are not considered prior offenses in Alabama within the limits of the law.
The approximate number of licensed drivers in Alabama is 3.1 million.
The average BAC level of offenders arrested in Alabama is approximately .16.
Statistics kept on repeat offenders are based on convictions. According to the most recent information available, in 1995 there were 8,913 convictions for 2nd and subsequent DUIs in Alabama.
IDENTIFICATION AND ASSESSMENT
Identifying those drivers who are likely to repeatedly drive drunk and assessing the nature of their underlying problems is essential in order to keep hardcore offenders off the road.
In Alabama identification of repeat offenders occurs most frequently post-conviction but pre-sentencing.
Offenders with a high BAC at the time of arrest are treated as follows:
� All offenders are treated the same regardless of BAC.
Following conviction, offenders, as shown, receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem:
� All offenders.
In Alabama the assessment is conducted post-trial, but pre-sentencing and the individual returns to court for final sentencing based on the assessment.
Assessments are conducted by a court-employed assessment specialist (Court Referral Program). The cost is $50 and is usually borne by the offender.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In Alabama results of the assessment are provided to the offender�s attorney, the judge/administrator presiding over the case, and the treatment agency. The offender is referred to treatment on the basis of the assessment by order of the court.
Treatment is mandated for repeat offenders under the following circumstances: Offenders are required to attend education or treatment as recommended by the assessment. Repeat offenders are in most cases required to attend an intensive out-patient treatment program with monitoring by the Court Referral Officer.
Offenders failing to comply with the terms of their program are not eligible for license reinstatement and may be returned to the court for further action.
The following treatment facility or program specifically targets the hardcore drunk driver: Court Referral Program.
ENFORCEMENT
While law enforcement works against drunk driving across the board, it is central in the battle against hardcore drunk drivers.
The following enforcement techniques are used in Alabama to detect and apprehend drunk drivers:
Sobriety Checkpoints, Blanket Patrols, Media Blitzes with Enforcement Campaigns, Standardized Field Sobriety Testing, Mobile Video-taping.
PROSECUTION AND SENTENCING PRACTICES
A number of factors influence the sentence a drunk driver receives.
In Alabama there is no Anti-Plea Bargaining Statute for DUI.
In Alabama the period of time in which a judge or administrator can review an offender�s record (the �look-back� period) is 5 years.
At the time of sentencing, an individual�s arrest and conviction records are available for consideration by the court. This information includes his or her entire criminal record.
In Alabama there are graduated penalties for DUI based on number of offenses.
SANCTIONS
Sanctions against the offender may be derived from criminal action, i.e. court-ordered, or administrative action by the licensing authority as a condition of license reinstatement. Many are aimed at preventing or limiting the opportunity of the hardcore offender to drink and drive. The purpose of others is rehabilitation.
In the State of Alabama, the following sanctions may only be ordered by the court:
Fines: $500 to $10,000 with no mandatory minimums.
Incarceration - Mandatory minimums: 2nd offense - 48 consecutive hours, 3rd offense - 60 days, 4th or subsequent - 1 year + 1 day.
Community Service: 2nd offense - 20 days minimum (may serve in lieu of imprisonment).
Home Confinement with Electronic Monitoring, Intensive Supervision Probation, Victim Impact Panel: At the discretion of the court.
Action Against Offender�s Vehicle: Registration Cancellation/Plate Seizure.
� Vehicle Immobilization, Vehicle Impoundment, Vehicle Forfeiture: None.
Other special assessments/surcharges: $100 Head and Spinal Cord Injury Fund, Victim Restitution.
The following sanctions may be ordered by the court or by the licensing authority:
Licensing Action:
� Suspension/Revocation: Alabama has both pre-conviction administrative and post- conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: $50, $100 if license was not surrendered timely.
� Conditional Licensing: None.
� Alcohol Ignition Interlock, Autotimer, Fuel Lock, Special Plate Markings: None.
Rehabilitation:
� Assessment/Screening: $50, of this $5 is placed in a fund for indigent offenders and $45 funds the Court Referral Program. Monitoring as required costs the offender $20 monthly.
� Education: Level I (1st offenders) - 12 hours of classroom instruction $115. Level II (more serious offenders) - 8 3-hour sessions plus 4 hours of self-help $250.
�Treatment: According to assessment determination, more serious offenders may also be required to complete an intensive out-patient treatment program with monitoring by Court Referral Officer (a form of probation). Cost varies and offender must pay.
� Intensive Weekend Intervention: None.
