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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 Georgia to identify these offenders:
�Habitual DUI offender.�
Habitual DUI offenders are defined in statute by 3rd or subsequent offense within 5 years.
DUI becomes a felony if the habitual offender is caught driving at all during the 5 year license revocation period.
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 Georgia 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 Georgia within the limits of the law.
The approximate number of licensed drivers is 5.2 million.
The average BAC level of offenders arrested is approximately .146.
Statistics kept on habitual DUI offenders are based on convictions. Statistics on DUI arrests and convictions: Information Not Available. However, in 1996, 9,011 offenders had a BAC level at or above .15 at time of arrest.
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 Georgia:
Identification of habitual DUI offenders occurs most frequently at time of arrest, pre-trial, and at trial.
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.
The assessment may be conducted at any time from pre-trial to post-sentencing, and the individual does not return to court for final sentencing based on the assessment.
Assessments are conducted at the direction of the Department of Public Safety and follow two paths: 1st offense - all offenders take a general screening to determine extent of alcohol problem; 2nd and subsequent offense - offenders must submit to a clinical evaluation at an approved clinic to assess substance abuse problem. The cost is $50 for general and $75 for clinical assessments and is usually borne by the offender.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In Georgia results of the assessment are provided to the offender�s attorney with client�s signature release, the judge/administrator presiding over the case, and the treatment agency. The offender is referred to treatment on the basis of the assessment by order of the court.
Georgia mandates treatment for habitual DUI offenders under the following circumstances: Habitual DUI offenders are required to undergo a clinical assessment of their alcohol problem, and to attend education or treatment as recommended by the assessment.
In Georgia 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 Georgia the following treatment facility or program specifically targets the hardcore drunk driver: DUI Alcohol or Drug Risk Reduction Program - began July 1, 1997.
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 Georgia 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 Georgia there is no Anti-Plea Bargaining Statute for DUI. However, the court cannot accept a no contest plea for DUI offenders with a BAC level at or above .15.
In Georgia the period of time in which a judge or administrator can review an offender�s record (the �look-back� period) is 5 years. However, a judge has the discretion to look back at lifetime records.
In Georgia 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 Georgia 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 Georgia, the following sanctions may only be ordered by the court:
Fines: $300 to $1,000 with mandatory minimums.
Incarceration - Mandatory minimums: 2nd offense - 48 hours, 3rd and subsequent offense -10 days.
Community Service: 1st offense - not less than 40 hours, 2nd offense - not less than 80 hours, 3rd and subsequent offense - not less than 20 days minimum.
Home Confinement with Electronic Monitoring: At the discretion of the court.
Intensive Supervision Probation: At the discretion of the court.
Action Against Offender�s Vehicle: Registration Cancellation/Plate Seizure.
�Vehicle Impoundment: At officer�s discretion - can impound on any DUI arrest.
� Vehicle Forfeiture: On 4th DUI conviction, District Attorney can initiate proceedings.
� Vehicle Immobilization: None.
Victim Impact Panel: None.
Other Special Assessments/Surcharges: Victim�s Restitution Fund. Offender�s name and photograph must be published in the �legal organ of the appropriate county� and offender is charged a $25 fee to cover the cost. Offender must pay an assessment penalty of $25 or 10% of original fine (lesser of either) to support the Crime Victim�s Emergency Fund. Fluorescent Pink Bracelet - court can order offender to wear a pink bracelet imprinted with the words �DUI CONVICT� as a condition of probation.
The following sanctions may be ordered by the court or by the licensing authority:
Licensing Action:
�Suspension/Revocation: Georgia has both pre-conviction administrative and post- conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: $200.
� Conditional Licensing: At judge�s discretion.
� Alcohol Ignition Interlock: Mandatory as a condition of license reinstatement. Cost is $48 per month. Special Plates: To reduce their period of suspension, eligible offenders can request plates with series of numbers which identify them to law enforcement.
�Autotimer, Fuel Lock: None
Rehabilitation:
� Education/Treatment: For 3rd offense, habitual DUI offenders are assigned to an education program as part of the assessment. Offenders must submit to a clinical evaluation and enroll in a treatment program.
� Intensive Weekend Intervention: None.
Listed below are the terms most closely matching the definition above which could be used in Georgia to identify these offenders:
�Habitual DUI offender.�
Habitual DUI offenders are defined in statute by 3rd or subsequent offense within 5 years.
DUI becomes a felony if the habitual offender is caught driving at all during the 5 year license revocation period.
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 Georgia 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 Georgia within the limits of the law.
The approximate number of licensed drivers is 5.2 million.
The average BAC level of offenders arrested is approximately .146.
Statistics kept on habitual DUI offenders are based on convictions. Statistics on DUI arrests and convictions: Information Not Available. However, in 1996, 9,011 offenders had a BAC level at or above .15 at time of arrest.
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 Georgia:
Identification of habitual DUI offenders occurs most frequently at time of arrest, pre-trial, and at trial.
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.
The assessment may be conducted at any time from pre-trial to post-sentencing, and the individual does not return to court for final sentencing based on the assessment.
Assessments are conducted at the direction of the Department of Public Safety and follow two paths: 1st offense - all offenders take a general screening to determine extent of alcohol problem; 2nd and subsequent offense - offenders must submit to a clinical evaluation at an approved clinic to assess substance abuse problem. The cost is $50 for general and $75 for clinical assessments and is usually borne by the offender.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In Georgia results of the assessment are provided to the offender�s attorney with client�s signature release, the judge/administrator presiding over the case, and the treatment agency. The offender is referred to treatment on the basis of the assessment by order of the court.
Georgia mandates treatment for habitual DUI offenders under the following circumstances: Habitual DUI offenders are required to undergo a clinical assessment of their alcohol problem, and to attend education or treatment as recommended by the assessment.
In Georgia 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 Georgia the following treatment facility or program specifically targets the hardcore drunk driver: DUI Alcohol or Drug Risk Reduction Program - began July 1, 1997.
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 Georgia 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 Georgia there is no Anti-Plea Bargaining Statute for DUI. However, the court cannot accept a no contest plea for DUI offenders with a BAC level at or above .15.
In Georgia the period of time in which a judge or administrator can review an offender�s record (the �look-back� period) is 5 years. However, a judge has the discretion to look back at lifetime records.
In Georgia 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 Georgia 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 Georgia, the following sanctions may only be ordered by the court:
Fines: $300 to $1,000 with mandatory minimums.
Incarceration - Mandatory minimums: 2nd offense - 48 hours, 3rd and subsequent offense -10 days.
Community Service: 1st offense - not less than 40 hours, 2nd offense - not less than 80 hours, 3rd and subsequent offense - not less than 20 days minimum.
Home Confinement with Electronic Monitoring: At the discretion of the court.
Intensive Supervision Probation: At the discretion of the court.
Action Against Offender�s Vehicle: Registration Cancellation/Plate Seizure.
�Vehicle Impoundment: At officer�s discretion - can impound on any DUI arrest.
� Vehicle Forfeiture: On 4th DUI conviction, District Attorney can initiate proceedings.
� Vehicle Immobilization: None.
Victim Impact Panel: None.
Other Special Assessments/Surcharges: Victim�s Restitution Fund. Offender�s name and photograph must be published in the �legal organ of the appropriate county� and offender is charged a $25 fee to cover the cost. Offender must pay an assessment penalty of $25 or 10% of original fine (lesser of either) to support the Crime Victim�s Emergency Fund. Fluorescent Pink Bracelet - court can order offender to wear a pink bracelet imprinted with the words �DUI CONVICT� as a condition of probation.
The following sanctions may be ordered by the court or by the licensing authority:
Licensing Action:
�Suspension/Revocation: Georgia has both pre-conviction administrative and post- conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: $200.
� Conditional Licensing: At judge�s discretion.
� Alcohol Ignition Interlock: Mandatory as a condition of license reinstatement. Cost is $48 per month. Special Plates: To reduce their period of suspension, eligible offenders can request plates with series of numbers which identify them to law enforcement.
�Autotimer, Fuel Lock: None
Rehabilitation:
� Education/Treatment: For 3rd offense, habitual DUI offenders are assigned to an education program as part of the assessment. Offenders must submit to a clinical evaluation and enroll in a treatment program.
� Intensive Weekend Intervention: None.
