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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 Florida to identify these offenders:
�Multiple offender.�
Multiple offenders are defined in statute by 2nd offense within 5 years, 3rd offense within 10 years, and 4th or subsequent offense within driver lifetime.
DUI becomes a felony on the 4th offense.
DWI REPORTING
Records on multiple offenses are one of the primary means of tracking the problem of hardcore drunk drivers.
The following are key aspects of Florida 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 in Florida within the limits of the law.
The approximate number of licensed drivers is 12.3 million.
The average BAC level of offenders arrested is: Information Not Available. Formal tracking of offender BAC levels at time of arrest began in late 1996.
Statistics kept on multiple offenders are based on convictions and licensing actions. According to the most recent information available, in 1996 there were 10,399 convictions for 2nd and subsequent DUIs.
In 1996 there were a total of 428 incarcerations for felony DUI.
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 Florida:
Identification of multiple offenders occurs most frequently pre-trial.
Offenders with a high BAC level at the time of arrest are treated as follows:
� Offenders with a BAC at or above .20 are subject to increased fines and jail sentences.
Following arrest, offenders, as shown, receive a mandatory clinical assessment/evaluation to determine the nature and extent of their alcohol problem:
� All offenders.
The assessment is conducted pre-trial.
Assessments are generally conducted by non-profit organizations (�DUI Schools�) licensed by the Department of Highway Safety. The cost is $12 and is borne by the offender.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In Florida results of the assessment are provided to the judge/administrator presiding over the case, and the treatment agency if indicated. The offender is referred to treatment on the basis of the assessment by order of the court.
In Florida treatment is mandated for multiple offenders under the following circumstances: Multiple offenders are required to attend a DUI School education/treatment course. Additionally, on the basis of DUI School assessment, multiple offenders may be referred to private treatment facilities licensed and approved by the state.
In Florida offenders failing to complete the DUI School course are not eligible for license reinstatement and may be returned to the court for further action.
The following education/treatment programs specifically target the hardcore drunk driver: The DUI Schools.
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 Florida 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 Florida there is an Anti-Plea Bargaining Statute for DUI (applies only in cases where offender BAC level is .20 or above).
In Florida the period of time in which a judge or administrator can review an offender�s record (the �look-back� period) is 99 years.
In Florida 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 Florida 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 Florida, the following sanctions may only be ordered by the court:
Fines: $250 to $5,000 with no mandatory minimums.
Incarceration - Mandatory minimums: 2nd offense - 10 days with 48 consecutive hours, 3rd offense - 30 days with 48 consecutive hours.
Community Service: 1st offense - 50 hours minimum in addition to any other sanctions imposed (the court may substitute a fine of $10 per hour).
Home Confinement with Electronic Monitoring: At the discretion of the court.
Intensive Supervision Probation: At the discretion of the court for 3rd or subsequent offenses. Florida estimates the annual cost of this program to be $129,000.
Victim Impact Panel: At the discretion of the court.
Action Against Offender�s Vehicle: Immobilization, Vehicle Impoundment: At the discretion of the court.
� Vehicle Forfeiture, Registration Cancellation/Plate Seizure: None.
Other Special Assessments/Surcharges: $100 fee to EMS Fund, Alcohol/Drug Assessment to finance related programs, fees for Victim Restitution Fund.
The following sanctions may be ordered by the court or by the licensing authority:
Licensing Action:
� Suspension/Revocation: Florida has both pre-conviction administrative and post-conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: $105.
� Conditional Licensing: A hardship license is available following mandatory minimum suspension periods.
� Alcohol Ignition Interlock: At the discretion of the court.
� Autotimer, Fuel Lock, Special Plate Markings: None
Rehabilitation:
� Assessment/Screening: $12 fee to support this program.
� Education: Level I (1st offenders) - 12 hours of classroom instruction. Level II (2nd offenders) - 21 hours of classroom instruction. Costs to offenders range from $165 - $250.
� Treatment: According to assessment, offenders with more serious underlying alcohol abuse patterns may be referred to private facilities for further 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 Florida to identify these offenders:
�Multiple offender.�
Multiple offenders are defined in statute by 2nd offense within 5 years, 3rd offense within 10 years, and 4th or subsequent offense within driver lifetime.
DUI becomes a felony on the 4th offense.
DWI REPORTING
Records on multiple offenses are one of the primary means of tracking the problem of hardcore drunk drivers.
The following are key aspects of Florida 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 in Florida within the limits of the law.
The approximate number of licensed drivers is 12.3 million.
The average BAC level of offenders arrested is: Information Not Available. Formal tracking of offender BAC levels at time of arrest began in late 1996.
Statistics kept on multiple offenders are based on convictions and licensing actions. According to the most recent information available, in 1996 there were 10,399 convictions for 2nd and subsequent DUIs.
In 1996 there were a total of 428 incarcerations for felony DUI.
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 Florida:
Identification of multiple offenders occurs most frequently pre-trial.
Offenders with a high BAC level at the time of arrest are treated as follows:
� Offenders with a BAC at or above .20 are subject to increased fines and jail sentences.
Following arrest, offenders, as shown, receive a mandatory clinical assessment/evaluation to determine the nature and extent of their alcohol problem:
� All offenders.
The assessment is conducted pre-trial.
Assessments are generally conducted by non-profit organizations (�DUI Schools�) licensed by the Department of Highway Safety. The cost is $12 and is borne by the offender.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In Florida results of the assessment are provided to the judge/administrator presiding over the case, and the treatment agency if indicated. The offender is referred to treatment on the basis of the assessment by order of the court.
In Florida treatment is mandated for multiple offenders under the following circumstances: Multiple offenders are required to attend a DUI School education/treatment course. Additionally, on the basis of DUI School assessment, multiple offenders may be referred to private treatment facilities licensed and approved by the state.
In Florida offenders failing to complete the DUI School course are not eligible for license reinstatement and may be returned to the court for further action.
The following education/treatment programs specifically target the hardcore drunk driver: The DUI Schools.
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 Florida 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 Florida there is an Anti-Plea Bargaining Statute for DUI (applies only in cases where offender BAC level is .20 or above).
In Florida the period of time in which a judge or administrator can review an offender�s record (the �look-back� period) is 99 years.
In Florida 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 Florida 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 Florida, the following sanctions may only be ordered by the court:
Fines: $250 to $5,000 with no mandatory minimums.
Incarceration - Mandatory minimums: 2nd offense - 10 days with 48 consecutive hours, 3rd offense - 30 days with 48 consecutive hours.
Community Service: 1st offense - 50 hours minimum in addition to any other sanctions imposed (the court may substitute a fine of $10 per hour).
Home Confinement with Electronic Monitoring: At the discretion of the court.
Intensive Supervision Probation: At the discretion of the court for 3rd or subsequent offenses. Florida estimates the annual cost of this program to be $129,000.
Victim Impact Panel: At the discretion of the court.
Action Against Offender�s Vehicle: Immobilization, Vehicle Impoundment: At the discretion of the court.
� Vehicle Forfeiture, Registration Cancellation/Plate Seizure: None.
Other Special Assessments/Surcharges: $100 fee to EMS Fund, Alcohol/Drug Assessment to finance related programs, fees for Victim Restitution Fund.
The following sanctions may be ordered by the court or by the licensing authority:
Licensing Action:
� Suspension/Revocation: Florida has both pre-conviction administrative and post-conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: $105.
� Conditional Licensing: A hardship license is available following mandatory minimum suspension periods.
� Alcohol Ignition Interlock: At the discretion of the court.
� Autotimer, Fuel Lock, Special Plate Markings: None
Rehabilitation:
� Assessment/Screening: $12 fee to support this program.
� Education: Level I (1st offenders) - 12 hours of classroom instruction. Level II (2nd offenders) - 21 hours of classroom instruction. Costs to offenders range from $165 - $250.
� Treatment: According to assessment, offenders with more serious underlying alcohol abuse patterns may be referred to private facilities for further treatment. Cost varies and offender must pay.
� Intensive Weekend Intervention: None
