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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 Delaware to identify these offenders:
�Repeat offender,� �Multiple offender,� �Habitual DUI offender.�
Repeat offenders are defined in statute by 2nd or subsequent offense within 5 years.
DUI becomes a felony on the 3rd offense within 5 years.
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 Delaware 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 Delaware within the limits of the law.
The approximate number of licensed drivers is 532,000.
The average BAC level of offenders arrested is approximately .16. Based on State police data, 1,090 offenders had a BAC level above .15 at the time of arrest.
Statistics kept on repeat offenders are based on arrests and convictions. According to the most recent information available, in 1996 there were 238 arrests for felony DUI and 139 convictions. Additionally, in 1996 a total of 721 offenders were jailed or incarcerated for DUI related 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 Delaware identification of repeat offenders occurs most frequently at the time of arrest.
In Delaware offenders with a high BAC at the time of arrest are treated as follows:
� Offenders with BACs of .20 or greater are identified as possible candidates for treatment.
In Delaware following conviction, offenders, as shown, receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem:
� All offenders.
In Delaware the evaluation is generally conducted post-sentencing on referral by the court. However, the evaluation may be conducted anytime following arrest at the offender�s request.
In Delaware evaluations are conducted by the �Delaware Evaluation and Referral Program�, a private agency contracted by the state. The cost is $75 and is borne by the offender.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In Delaware results of the evaluation are provided to the treatment agency only. They are used exclusively to determine the course of treatment and do not affect offender sentencing.
In Delaware delaware requires treatment for repeat offenders under the following circumstances: Offenders must attend education or treatment as recommended by the evaluation as a condition for license reinstatement.
In Delaware 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.
In Delaware the following dedicated 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 Delaware 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 Delaware there is no Anti-Plea Bargaining Statute for DUI.
In Delaware the period of time in which a judge or administrator can review an offender�s record (the �look-back� period) is lifetime.
In Delaware 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 Delaware 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 Delaware, the following sanctions may only be ordered by the court:
Fines: $230 to $6000 with graduated mandatory minimums. Incarceration - Mandatory minimums: 2nd offense within 5 years - 60 days, 3rd offense within 5 years - 3 months, 4th or subsequent offense within 5 years - 6 months.
Community Service: At the discretion of the court.
Home Confinement with Electronic Monitoring, Victim Impact Panels: Allowed by statute but seldom used.
Intensive Supervision Probation: May be court ordered as alternative to longer jail sentence. Supervision fee approximately $7 to $8 per day.
Action Against Offender�s Vehicle - Vehicle Immobilization, Vehicle Impoundment, Vehicle Forfeiture, Registration Cancellation/Plate Seizure: None.
Victim Impact Panel: None.
Other Special Assessments/Surcharges: A 15% surcharge is added to all drug and alcohol fines to fund Drug Education and Assistance (DEA) treatment programs, Victim�s Compensation Fund.
The following sanctions may be ordered by the court or by the licensing authority:
Licensing Action:
� Suspension/Revocation: Delaware has both pre-conviction administrative and post-conviction court-ordered with mandatory minimums beginning with the 1st offense. Revocation and reinstatement fees: $143.75, plus $10 for reinstatement.
� Conditional Licensing: Available on a 1st offense after 90 day minimum suspension period, and on a 2nd offense after 6 months suspension and satisfactory completion of an alcohol treatment program. Alcohol interlock may be also be required for conditional licensing.
� Autotimer, Fuel Lock, Special Plate Markings: None.
Rehabilitation:
� Education/Treatment: Level I (1st offenders) - 16-hour administrative course $125. Level II (2nd offenders or 1st offenders with .20 BAC or greater) - 25-hour treatment program, at an outpatient treatment center, a mental health alternative program, or a 21 and under program. Cost is $490. Programs are mandatory.
� Intensive Weekend Intervention: None.
Listed below are the terms most closely matching the definition above which could be used in Delaware to identify these offenders:
�Repeat offender,� �Multiple offender,� �Habitual DUI offender.�
Repeat offenders are defined in statute by 2nd or subsequent offense within 5 years.
DUI becomes a felony on the 3rd offense within 5 years.
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 Delaware 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 Delaware within the limits of the law.
The approximate number of licensed drivers is 532,000.
The average BAC level of offenders arrested is approximately .16. Based on State police data, 1,090 offenders had a BAC level above .15 at the time of arrest.
Statistics kept on repeat offenders are based on arrests and convictions. According to the most recent information available, in 1996 there were 238 arrests for felony DUI and 139 convictions. Additionally, in 1996 a total of 721 offenders were jailed or incarcerated for DUI related 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 Delaware identification of repeat offenders occurs most frequently at the time of arrest.
In Delaware offenders with a high BAC at the time of arrest are treated as follows:
� Offenders with BACs of .20 or greater are identified as possible candidates for treatment.
In Delaware following conviction, offenders, as shown, receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem:
� All offenders.
In Delaware the evaluation is generally conducted post-sentencing on referral by the court. However, the evaluation may be conducted anytime following arrest at the offender�s request.
In Delaware evaluations are conducted by the �Delaware Evaluation and Referral Program�, a private agency contracted by the state. The cost is $75 and is borne by the offender.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In Delaware results of the evaluation are provided to the treatment agency only. They are used exclusively to determine the course of treatment and do not affect offender sentencing.
In Delaware delaware requires treatment for repeat offenders under the following circumstances: Offenders must attend education or treatment as recommended by the evaluation as a condition for license reinstatement.
In Delaware 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.
In Delaware the following dedicated 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 Delaware 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 Delaware there is no Anti-Plea Bargaining Statute for DUI.
In Delaware the period of time in which a judge or administrator can review an offender�s record (the �look-back� period) is lifetime.
In Delaware 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 Delaware 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 Delaware, the following sanctions may only be ordered by the court:
Fines: $230 to $6000 with graduated mandatory minimums. Incarceration - Mandatory minimums: 2nd offense within 5 years - 60 days, 3rd offense within 5 years - 3 months, 4th or subsequent offense within 5 years - 6 months.
Community Service: At the discretion of the court.
Home Confinement with Electronic Monitoring, Victim Impact Panels: Allowed by statute but seldom used.
Intensive Supervision Probation: May be court ordered as alternative to longer jail sentence. Supervision fee approximately $7 to $8 per day.
Action Against Offender�s Vehicle - Vehicle Immobilization, Vehicle Impoundment, Vehicle Forfeiture, Registration Cancellation/Plate Seizure: None.
Victim Impact Panel: None.
Other Special Assessments/Surcharges: A 15% surcharge is added to all drug and alcohol fines to fund Drug Education and Assistance (DEA) treatment programs, Victim�s Compensation Fund.
The following sanctions may be ordered by the court or by the licensing authority:
Licensing Action:
� Suspension/Revocation: Delaware has both pre-conviction administrative and post-conviction court-ordered with mandatory minimums beginning with the 1st offense. Revocation and reinstatement fees: $143.75, plus $10 for reinstatement.
� Conditional Licensing: Available on a 1st offense after 90 day minimum suspension period, and on a 2nd offense after 6 months suspension and satisfactory completion of an alcohol treatment program. Alcohol interlock may be also be required for conditional licensing.
� Autotimer, Fuel Lock, Special Plate Markings: None.
Rehabilitation:
� Education/Treatment: Level I (1st offenders) - 16-hour administrative course $125. Level II (2nd offenders or 1st offenders with .20 BAC or greater) - 25-hour treatment program, at an outpatient treatment center, a mental health alternative program, or a 21 and under program. Cost is $490. Programs are mandatory.
� Intensive Weekend Intervention: None.
