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 Hawaii to identify these offenders:

�Habitual offender.�
Habitual offenders are defined in statute by 4th or subsequent offense within 10 years.
DUI only becomes a felony in Hawaii if it involves vehicular homicide.

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 Hawaii 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 Hawaii within the limits of the law.
The approximate number of licensed drivers is 732,000.
The average BAC level of offenders arrested is approximately .14.
Statistics kept on habitual offenders are based on arrests and convictions. Statistics on DUI arrests and convictions: Information Not Available.

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 Hawaii identification of habitual offenders occurs most frequently post-conviction, but pre-sentencing.
Offenders with a high BAC at the time of arrest are treated as follows:
� All offenders are treated the same regardless of BAC.
In Hawaii following conviction, offenders, as shown, receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem:
�All offenders.
In Hawaii the assessment is conducted post-sentencing and the offender does not return to court for final sentencing based on the assessment.
In Hawaii assessments are conducted by a private agency at the discretion of the court. The cost ranges from $50 to $150 and is usually borne by the offender.

TREATMENT


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


In Hawaii results of the assessment are provided to the judge/administrator presiding over the case, the Division of Driver Education, Administration of Driver License Revocation.
In Hawaii treatment is mandated for habitual offenders under the following circumstances: Offenders are required to attend education or treatment according to the assessment by order of the court.
In Hawaii 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 Hawaii the following 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 Hawaii to detect and apprehend drunk drivers:

Sobriety Checkpoints, 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 Hawaii there is no Anti-Plea Bargaining Statute for DUI.
In Hawaii the period of time in which a judge or administrator can review an offender�s record (the �look-back� period) is 10 years for habitual offenders.
In Hawaii at the time of sentencing, an individual�s arrest and conviction records are available for consideration by the court. This information generally includes only his or her drunk driving record.
In Hawaii 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 Hawaii, the following sanctions may only be ordered by the court:

Fines: $150 to $10,000 with mandatory minimums.
Incarceration - Mandatory minimums: 2nd offense - 48 consecutive hours; 3rd offense - 10 days with 48 hours consecutive.
Community Service: At discretion of the court, 1st offense - 72 hours, 2nd offense - 100 hours.
Victim Impact Panel: As part of alcohol education program.
Action Against Offender�s Vehicle - Vehicle Immobilization, Vehicle Impoundment, Vehicle Forfeiture, Registration Cancellation/Plate Seizures: None.
Intensive Supervision Probation: None.
Home Confinement with Electronic Monitoring, Intensive Supervision Probation: None
Other Special Assessments/Surcharges: $100 counseling and education fee, and $7 moving violation fee to fund Driver Education programs, Victim Restitution Fund.
The following sanctions may be ordered by the court or by the licensing authority:

Licensing Action:
� Suspension/Revocation: Hawaii has both pre-conviction administrative and post-conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: Information Not Available.
� Conditional Licensing: A hardship license is available after mandatory minimum suspension periods.
� Alcohol Ignition Interlock: None.
� Autotimer, Fuel Lock, Special Plate Markings: None.
Rehabilitation:
� Education: 1st offenders - 14-hour program, may include victim impact panel.
� Treatment: According to assessment. Cost varies and offender must pay.
� Intensive Weekend Intervention: None.