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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 Arizona to identify these offenders: Repeat offenders are defined in statute by 2nd, 3rd and subsequent offenses within 60 months (5 years). Aggravated DUI - 3rd or subsequent offense within 60 months. DUI becomes a felony on the 3rd 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 Arizona records: New licensees are reviewed for outstanding suspensions/revocations in other states before a license is granted, and DUI convictions from other states are considered prior offenses within the limits of the law. The approximate number of licensed drivers is 4.2 million. The average BAC level of offenders arrested is .16. Statistics kept on repeat offenders are based on convictions. According to the most recent information available, in the fiscal year ending in June 1997, there were 1,049 convictions for 2nd and subsequent DUIs. In this time frame, there were approximately 9,000 offenders with a BAC level above .15 at the time of arrest. In 1996, there were 1,696 persons incarcerated for felony level DUI (3rd and subsequent). 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 Arizona identification of repeat offenders occurs most frequently at the time of arrest and prosecution. In Arizona offenders with a high BAC at the time of arrest are treated as follows: � High BAC may be taken into consideration at sentencing. Following conviction, offenders, as shown, receive a mandatory screening to determine the nature and extent of their alcohol problem: � All offenders. In Arizona the screening is most often conducted post-sentencing and, at the judge�s discretion, the individual may return to court for final sentencing based on the screening. In Arizona screenings are conducted by a court-employed specialist or a private agency at the direction of the court. The cost ranges from $24 to $100, when performed at a Department of Health Services facility, and is usually borne by either the offender or the state, as decided by the court. TREATMENT Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving. In Arizona results of the screening are provided to the offender�s attorney, the judge/administrator presiding over the case, the prosecutor, and the treatment agency. The offender is referred to education and/or treatment on the basis of the screening by order of the court. Treatment is mandated for repeat offenders under the following circumstances: at the discretion of the court, based on screening. In Arizona offenders failing to comply with the terms of their program are not eligible for minimum sentences or license reinstatement, and may be returned to the court for further action. In Arizona the following education/treatment facility or program specifically targets the hardcore drunk driver: Arizona State Prison DUI Units. 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 Arizona 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 Arizona there is no Anti-Plea Bargaining Statute for DUI. In Arizona the period of time in which a judge or administrator can review an offender�s record (the �look-back� period) is 5 years. In Arizona, at the time of sentencing, an individual�s arrest and conviction records are available for consideration by the court. This information will includes his or her entire criminal record for felony offenses, but only drunk driving and traffic convictions when the charge is a misdemeanor. In Arizona 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 Arizona, the following sanctions may only be ordered by the court: Fines: $250 to $2,500 with mandatory minimums for misdemeanor offenses only. A felony charge (aggravated DUI) can carry fines up to $150,000. Incarceration - Mandatory minimums for 1st and 2nd offenders, when the offender completes alcohol screening and education/treatment: 1st offense - 24 consecutive hours, 2nd offense - 30 days. For all other offenders (and when the offender refuses or fails to complete screening and education/treatment): 1st offense - 10 days, 2nd offense - 90 days, 3rd offense - 4 months, 4th or subsequent - 8 months. Community Service: 1st & 2nd offenses - 40 hours maximum. Home Confinement with Electronic Monitoring: None, however, home detention/work release is available for 1st & 2nd offenders after minimum sentence is served. Intensive Supervision Probation: For felony offenders, at judicial discretion. Victim Impact Panel: At the discretion of the court. Action Against Offender�s Vehicle: Forfeiture for aggravated DUI offenses, or for a DUI arrest while suspended for DUI. � Registration Cancellation/Plate Seizure, Vehicle Impoundment, Vehicle Immobilization: None. Other special assessments/surcharges: Incarceration Costs, Criminal Justice Enhancement Fund - 47% of fine, Medical Services Enhancement Fund - 13% of fine, Victim Restitution. The following sanctions may be ordered by the court or by the licensing authority: Licensing Action: � Suspension/Revocation: Arizona has both pre-conviction administrative and post-conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: $50. � Conditional Licensing: A restricted license is available for 1st offenders after 30 days suspension. Cost: $10. � Alcohol Ignition Interlock, Autotimer, Fuel Lock, Special Plate Markings: None Rehabilitation: � Education: 8-hour traffic school required for license reinstatement for 1st offenders - Cost $25. Alcohol education is court-ordered according to screening. � Treatment: Court-ordered according to screening determination. Cost varies and offender must pay. |
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