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 Colorado to identify these offenders:

Repeat offenders are defined in statute by 2nd and subsequent offense within 5 years.
In administrative procedures, 3rd offenders (2 prior convictions in a lifetime) results in extended revocation - minimum 2 years.
High risk offenders are identified through procedures within the Colorado Alcohol and Drug Driving Safety Program (ADDS Program).
DUI without physical damage is not a felony.

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 Colorado 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 Colorado within the limits of the law.
The approximate number of licensed drivers is 2.9 million.
The average BAC level of offenders arrested is: Information Not Available.
Statistics kept on repeat offenders are based on convictions. According to the most recent information available, in fiscal year ending in June 1997, there were 2,216 convictions for 2nd and subsequent DUIs within 5 years. Also, during the same time period, there were 2,430 license revocations for 3rd and subsequent DUIs in lifetime offenses.

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 Colorado identification of repeat offenders occurs most frequently during pre-trial investigation.
In Colorado offenders with a high BAC at the time of arrest are treated as follows:
� All offenders are treated the same regardless of BAC.
In Colorado following conviction, offenders, as shown, receive a mandatory assessment to determine the nature and extent of their alcohol problem:
� All offenders.
In Colorado the assessment is most often conducted post-trial, but pre-sentencing and the individual returns to court for final sentencing based on the assessment. However, in some instances the assessment will occur post-sentencing.
In Colorado assessments are conducted by public or private contractors to a state agency, and contractors employ state-certified specialists. See description of ADDS Program in Promising Approaches section below.
In Colorado assessments cost $156, which includes bi-monthly monitoring, and is usually borne by the offender.

TREATMENT


Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.


In Colorado results of the assessment are provided to the offender�s attorney, the judge/administrator presiding over the case, and the treatment agency. In Colorado the offender is referred to treatment on the basis of the assessment by order of the court.
In Colorado 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 Level II education and treatment with monitoring by the ADDS specialist.
In Colorado 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: ADDS Program Enforcement.

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 Colorado to detect and apprehend drunk drivers:

Sobriety Checkpoints, Blanket Patrols, Media Blitzes with Enforcement Campaigns, Standardized Field Sobriety Testing, Mobile Video-taping. The first three of these are usually used in combination for greater effectiveness.

PROSECUTION AND SENTENCING PRACTICES


A number of factors influence the sentence a drunk driver receives.


In Colorado there is an Anti-Plea Bargaining Statute for DUI which prohibits reducing a DUI charge to a non-alcohol related offense.
In Colorado the period of time in which a judge or administrator can review an offender�s record (the �look-back� period) is 5 years for criminal charges and lifetime for driver records.
In Colorado at the time of sentencing, an individual�s arrest and conviction records are available for consideration by the court. This information will include the entire criminal record for a repeat offender.
In Colorado there are graduated penalties for DUI based on number and level of offenses.
In Colorado a judge may, at his discretion and upon his own conditions, defer judgment in DUI cases.

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 Colorado, the following sanctions may only be ordered by the court:

Fines: $300 to $1,500 with no mandatory minimums.
Incarceration: Mandatory DUI and Per Se minimums range from 5 days for a 1st offense to 90 days for 2nd and subsequent offenses. However, these terms may be greatly reduced if the offender participates in an alcohol rehabilitation program.
Community Service: 1st offense - 48 hours minimum; 2nd or subsequent offense - 60 hours minimum. Fee to the offender: no more than $60. The community service program in Colorado is self-sustaining.
Home Confinement with Electronic Monitoring: Allowed by statute.
Victim Impact Panel: Fee - not more than $25.
Action Against Offender�s Vehicle - Vehicle Immobilization, Vehicle Impoundment, Vehicle Forfeiture, Registration Cancellation/Plate Seizure: None.
Intensive Supervision Probation: None.
Other Special Assessments/Surcharges: $75 Law Enforcement Assistance Fund; $15 County Treasury; Victim Restitution/Compensation: Minimum $25; additional surcharge = 37% of fine imposed or a minimum of $40 for misdemeanor offenses and $100 for felony offenses.
The following sanctions may be ordered by the court or by the licensing authority:

Licensing Action:
� Suspension/Revocation: Colorado has both pre-conviction administrative and post-conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: $40.
� Conditional Licensing: Following a minimum mandatory period of �hard� revocation any offender may apply for a probationary license on the condition that they only operate vehicles equipped with an Alcohol Ignition Interlock device. In so doing, the offender agrees to a probationary license period that is twice the length of the remaining revocation period. The minimum probationary period is 6 months. Costs are borne by the offender and paid directly to the interlock provider.
� Autotimer, Fuel Lock, Special Plate Markings: None.
Rehabilitation:
� Education: Level I (1st offenders) - 10 hours of classroom instruction, $50 (approx.). Level II (more serious offenders) - 20 hours education and group process + treatment.
� Treatment: Level II treatment will require either 26 hours of therapy over a 4 month period or 40 hours over a 5 month period, approximately $700.