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Hardcore drunk drivers 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 Alaska to identify these offenders:
�Repeat offender,� �Chronic offender.�
Repeat offenders are defined in statute by 2nd, 3rd, 4th, 5th, 6th or subsequent offense within 10 years at the misdemeanor level, and by 3rd, 4th, 5th or subsequent offense within 5 years at the felony level.
DUI becomes a felony on the 3rd offense within 5 years.
Repeat and chronic offenders are also defined in regulations and by judicial action.
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 Alaska 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 Alaska within the limits of the law.
The approximate number of licensed drivers is 450,000.
The average BAC level of offenders arrested falls between .15 and .20; in 1996, 68% of offenders had a BAC of .15 or greater.
Statistics kept on repeat offenders are based on convictions. According to the most recent information available, in 1996 there were 3,350 convictions for 2nd and subsequent DUIs.
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 Alaska identification of repeat offenders occurs most frequently at the time of arrest or pre-trial.
In Alaska 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, whenever possible (may not be available in remote areas of state).
In Alaska the assessment is conducted post-trial, but pre-sentencing and the individual returns to court for final sentencing based on the assessment. However, in some jurisdictions the assessment may be conducted post-sentencing.
Assessments are conducted by state-certified, non-profit organizations or by the state Division of Alcohol and Drug Abuse Screening Office. The cost is $100 and is usually borne by the offender.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In Alaska results of the assessment are provided to the offender�s attorney, the judge/administrator presiding over the case, the treatment agency, and the prosecutor. The offender is referred to education and/or treatment on the basis of the assessment by order of the court.
In Alaska treatment is mandated for repeat offenders under the following circumstances: All offend ers are required to attend education or treatment as recommended by the assessment. Repeat offenders are in most cases required to attend treatment as a condition of proba tion.
In Alaska offenders failing to comply with the terms of their program are not eligible for license reinstatement and shall be subject to revocation of probation and incarceration.
The following treatment facility or program specifically targets the hardcore drunk driver: None.
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 Alaska to detect and apprehend drunk drivers:
Blanket Patrols (during holiday periods), Media Blitzes with Enforcement Campaigns, Standardized Field Sobriety Testing, Mobile Video-taping (limited basis). Sobriety Checkpoints were used in the past, but have been discontinued due to limited manpower over a large geographic area.
PROSECUTION AND SENTENCING PRACTICES
A number of factors influence the sentence a drunk driver receives.
In Alaska there is no Anti-Plea Bargaining Statute for DUI.
In Alaska the period of time in which a judge or administrator can review an offender�s record (the �look-back� period) is 10 years. However, for purposes of determining a felony offense, the review period is 5 years.
In Alaska at the time of sentencing, an individual�s arrest and conviction records are available for consideration by the court. This information will include his or her entire criminal record.
In Alaska 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 Alaska, the following sanctions may only be ordered by the court:
Fines: For misdemeanors - $250 to $5000; for felonies - $5000 to $50,000. Alaska�s mandatory minimum fines are as follows: For misdemeanors, 1st - $250, 2nd - $500, 3rd - $1000, 4th - $2000, 5th - $3000, 6th and subsequent - $4000. For felonies, 3rd and subsequent - $5000.
Incarceration - Mandatory minimums: For misdemeanors, 1st - 72 consecutive hours, 2nd offense - 20 days, 3rd offense - 60 days, 4th offense - 120 days, 5th offense - 240 days, 6th and subsequent - 360 days. For felonies, the following terms are mandatory and non-sus pendable, 3rd offense - 120 days, 4th offense - 240 days, 5th and subsequent - 360 days.
Community Service: Mandatory for 1st offenders (24 hours) and 2nd offenders (160 hours), and at the court�s discretion for 3rd and subsequent offenders. Community service may not serve in lieu of mandatory imprisonment.
Intensive Supervision Probation: As part of treatment.
Action Against Offender�s Vehicle: Forfeiture when the vehicle is used in a subsequent offense.
� Vehicle Immobilization, Vehicle Impoundment, Registration Cancellation/Plate Seizure: None.
Home Confinement with Electronic Monitoring, Victim Impact Panel: None.
Other Special Assessments/Surcharges: Reimbursement of Incarceration Costs - an offender may be required to pay the cost of their incarceration up to a maximum of $1000.
The following sanctions may be ordered by the court or by the licensing authority:
Licensing Action:
� Suspension/Revocation: Alaska has both pre-conviction administrative and post-con viction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: $100 for 1st offenders, $250 for repeat offenders.
� Conditional Licensing: At the court�s discretion, 1st offenders may be allowed a limited occupational license following a 30-day minimum revocation provided that they are participating in an education or treatment program.
� Alcohol Ignition Interlock, Autotimer, Fuel Lock, Special Plate Markings: None.
Rehabilitation:
� Education: 8 to 15 hours of classroom instruction $20 to $150.
� Treatment (based on DSM4 and ASAM Patient Placement Criteria): According to assessment determination more serious offenders may also be required to undergo out patient treatment, intensive outpatient treatment, or residential treatment. 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 Alaska to identify these offenders:
�Repeat offender,� �Chronic offender.�
Repeat offenders are defined in statute by 2nd, 3rd, 4th, 5th, 6th or subsequent offense within 10 years at the misdemeanor level, and by 3rd, 4th, 5th or subsequent offense within 5 years at the felony level.
DUI becomes a felony on the 3rd offense within 5 years.
Repeat and chronic offenders are also defined in regulations and by judicial action.
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 Alaska 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 Alaska within the limits of the law.
The approximate number of licensed drivers is 450,000.
The average BAC level of offenders arrested falls between .15 and .20; in 1996, 68% of offenders had a BAC of .15 or greater.
Statistics kept on repeat offenders are based on convictions. According to the most recent information available, in 1996 there were 3,350 convictions for 2nd and subsequent DUIs.
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 Alaska identification of repeat offenders occurs most frequently at the time of arrest or pre-trial.
In Alaska 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, whenever possible (may not be available in remote areas of state).
In Alaska the assessment is conducted post-trial, but pre-sentencing and the individual returns to court for final sentencing based on the assessment. However, in some jurisdictions the assessment may be conducted post-sentencing.
Assessments are conducted by state-certified, non-profit organizations or by the state Division of Alcohol and Drug Abuse Screening Office. The cost is $100 and is usually borne by the offender.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In Alaska results of the assessment are provided to the offender�s attorney, the judge/administrator presiding over the case, the treatment agency, and the prosecutor. The offender is referred to education and/or treatment on the basis of the assessment by order of the court.
In Alaska treatment is mandated for repeat offenders under the following circumstances: All offend ers are required to attend education or treatment as recommended by the assessment. Repeat offenders are in most cases required to attend treatment as a condition of proba tion.
In Alaska offenders failing to comply with the terms of their program are not eligible for license reinstatement and shall be subject to revocation of probation and incarceration.
The following treatment facility or program specifically targets the hardcore drunk driver: None.
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 Alaska to detect and apprehend drunk drivers:
Blanket Patrols (during holiday periods), Media Blitzes with Enforcement Campaigns, Standardized Field Sobriety Testing, Mobile Video-taping (limited basis). Sobriety Checkpoints were used in the past, but have been discontinued due to limited manpower over a large geographic area.
PROSECUTION AND SENTENCING PRACTICES
A number of factors influence the sentence a drunk driver receives.
In Alaska there is no Anti-Plea Bargaining Statute for DUI.
In Alaska the period of time in which a judge or administrator can review an offender�s record (the �look-back� period) is 10 years. However, for purposes of determining a felony offense, the review period is 5 years.
In Alaska at the time of sentencing, an individual�s arrest and conviction records are available for consideration by the court. This information will include his or her entire criminal record.
In Alaska 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 Alaska, the following sanctions may only be ordered by the court:
Fines: For misdemeanors - $250 to $5000; for felonies - $5000 to $50,000. Alaska�s mandatory minimum fines are as follows: For misdemeanors, 1st - $250, 2nd - $500, 3rd - $1000, 4th - $2000, 5th - $3000, 6th and subsequent - $4000. For felonies, 3rd and subsequent - $5000.
Incarceration - Mandatory minimums: For misdemeanors, 1st - 72 consecutive hours, 2nd offense - 20 days, 3rd offense - 60 days, 4th offense - 120 days, 5th offense - 240 days, 6th and subsequent - 360 days. For felonies, the following terms are mandatory and non-sus pendable, 3rd offense - 120 days, 4th offense - 240 days, 5th and subsequent - 360 days.
Community Service: Mandatory for 1st offenders (24 hours) and 2nd offenders (160 hours), and at the court�s discretion for 3rd and subsequent offenders. Community service may not serve in lieu of mandatory imprisonment.
Intensive Supervision Probation: As part of treatment.
Action Against Offender�s Vehicle: Forfeiture when the vehicle is used in a subsequent offense.
� Vehicle Immobilization, Vehicle Impoundment, Registration Cancellation/Plate Seizure: None.
Home Confinement with Electronic Monitoring, Victim Impact Panel: None.
Other Special Assessments/Surcharges: Reimbursement of Incarceration Costs - an offender may be required to pay the cost of their incarceration up to a maximum of $1000.
The following sanctions may be ordered by the court or by the licensing authority:
Licensing Action:
� Suspension/Revocation: Alaska has both pre-conviction administrative and post-con viction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: $100 for 1st offenders, $250 for repeat offenders.
� Conditional Licensing: At the court�s discretion, 1st offenders may be allowed a limited occupational license following a 30-day minimum revocation provided that they are participating in an education or treatment program.
� Alcohol Ignition Interlock, Autotimer, Fuel Lock, Special Plate Markings: None.
Rehabilitation:
� Education: 8 to 15 hours of classroom instruction $20 to $150.
� Treatment (based on DSM4 and ASAM Patient Placement Criteria): According to assessment determination more serious offenders may also be required to undergo out patient treatment, intensive outpatient treatment, or residential treatment. Cost varies and offender must pay.
� Intensive Weekend Intervention: None
