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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 Idaho to identify these offenders:
�Repeat offender.�
Drivers with a 2nd or subsequent DUI offense within 5 years are often referred to as repeat offenders, but are not defined in statute.
DUI becomes a felony offense on the 3rd offense within 5 years, the 4th offense within 10 years, or after the 2nd offense within 5 years if the BAC level on both occasions was .20 or greater.
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 Idaho 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 Idaho within the limits of the law.
The approximate number of licensed drivers in Idaho was 828,000 in 1996.
Based on available test data, the average BAC level of offenders arrested was approximately .14 (1996).
Statistics on repeat offenders are based on both arrests and convictions. According to the most recent information available, in 1996 there were 756 arrests for felony DUI and 654 convictions.
In 1996 a total of 370 DUI offenders were incarcerated.
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 Idaho identification of repeat offenders occurs most frequently at the time of arrest or pre-trial.
In Idaho offenders with a high BAC at the time of arrest are treated as follows:
� Offenders with a BAC at or above .20 are subject to increased fines and jail time.
In Idaho following conviction, offenders, as shown, are required to undergo a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem:
�All offenders.
In Idaho the assessment is conducted prior to the sentencing date and the individual returns to court for final sentencing based on the assessment.
In Idaho assessments are conducted by an alcohol evaluation facility approved by the Idaho Department of Health and Welfare. The average cost is $70 and is usually borne by the offender.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In Idaho results of the completed assessment are forwarded to the court administrator presiding over the case. The offender may be required to participate in an alcohol treatment program on the basis of the assessment by order of the court.
In Idaho treatment is not mandated for any offender.
In Idaho 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 Idaho to detect and apprehend drunk drivers:
Media Blitzes with Enforcement Campaigns, Standardized Field Sobriety Testing, Mobile Video-taping and Drug Evaluation and Classification (DEC) testing. Sobriety Checkpoints are unconstitutional in Idah
PROSECUTION AND SENTENCING PRACTICES
A number of factors influence the sentence a drunk driver receives.
Idaho does not have an Anti-Plea Bargaining Statute for DUI.
In Idaho the period of time in which a judge or administrator can review an offender�s record (the �look-back� period) is to go back to juvenile records.
In Idaho at the time of sentencing, an individual�s arrest and conviction records are available for consideration by the court. This information includes his or her entire criminal record.
In Idaho there are graduated penalties 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 Idaho, the following sanctions may only be ordered by the court:
Fines: Range from $1,000, for a 1st offense, up to $5,000 for a felony offense, with no mandatory minimums.
Incarceration - Mandatory minimums: 2nd offense within 5 years or a 1st offense with enhanced BAC (.20 or greater) - 10 days, 3rd offense or 2nd offense with enhanced BAC in 5 years - 30 days with first, 4th or subsequent offense within 10 years - 30 days. In all cases, the first 48 hours must be served consecutively.
Intensive Supervision Probation: An offender program is currently available through the Department of Corrections. Usually used concurrently with treatment.
Community Service: At judge�s discretion.
Home Confinement with Electronic Monitoring: At judge�s discretion.
Victim Impact Panel: At judge�s discretion.
Action Against Offender�s Vehicle - Vehicle Immobilization, Vehicle Impoundment, Vehicle Forfeiture, Registration Cancellation/Plate Seizure: None.
Intensive Supervision Probation: None
Other Special Assessments/Surcharges: None.
The following sanctions may be ordered by the court or by the licensing authority:
Licensing Action:
� Suspension/Revocation: Idaho has both pre-conviction administrative and post-conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: Varies and may be paid to the Motor Vehicle Division at any time during or after the suspension period.
� Conditional Licensing: Hardship license may be available after a mandatory minimum suspension period.
� Alcohol Ignition Interlock: Available at the discretion of the court.
� Autotimer, Fuel Lock, Special Plate Markings: None
Rehabilitation:
� Assessment/Screening: Average $70.
� Education/Treatment: May be required at the discretion of the court. Program structure and costs vary by county.
� Intensive Weekend Intervention: None.
Listed below are the terms most closely matching the definition above which could be used in Idaho to identify these offenders:
�Repeat offender.�
Drivers with a 2nd or subsequent DUI offense within 5 years are often referred to as repeat offenders, but are not defined in statute.
DUI becomes a felony offense on the 3rd offense within 5 years, the 4th offense within 10 years, or after the 2nd offense within 5 years if the BAC level on both occasions was .20 or greater.
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 Idaho 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 Idaho within the limits of the law.
The approximate number of licensed drivers in Idaho was 828,000 in 1996.
Based on available test data, the average BAC level of offenders arrested was approximately .14 (1996).
Statistics on repeat offenders are based on both arrests and convictions. According to the most recent information available, in 1996 there were 756 arrests for felony DUI and 654 convictions.
In 1996 a total of 370 DUI offenders were incarcerated.
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 Idaho identification of repeat offenders occurs most frequently at the time of arrest or pre-trial.
In Idaho offenders with a high BAC at the time of arrest are treated as follows:
� Offenders with a BAC at or above .20 are subject to increased fines and jail time.
In Idaho following conviction, offenders, as shown, are required to undergo a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem:
�All offenders.
In Idaho the assessment is conducted prior to the sentencing date and the individual returns to court for final sentencing based on the assessment.
In Idaho assessments are conducted by an alcohol evaluation facility approved by the Idaho Department of Health and Welfare. The average cost is $70 and is usually borne by the offender.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In Idaho results of the completed assessment are forwarded to the court administrator presiding over the case. The offender may be required to participate in an alcohol treatment program on the basis of the assessment by order of the court.
In Idaho treatment is not mandated for any offender.
In Idaho 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 Idaho to detect and apprehend drunk drivers:
Media Blitzes with Enforcement Campaigns, Standardized Field Sobriety Testing, Mobile Video-taping and Drug Evaluation and Classification (DEC) testing. Sobriety Checkpoints are unconstitutional in Idah
PROSECUTION AND SENTENCING PRACTICES
A number of factors influence the sentence a drunk driver receives.
Idaho does not have an Anti-Plea Bargaining Statute for DUI.
In Idaho the period of time in which a judge or administrator can review an offender�s record (the �look-back� period) is to go back to juvenile records.
In Idaho at the time of sentencing, an individual�s arrest and conviction records are available for consideration by the court. This information includes his or her entire criminal record.
In Idaho there are graduated penalties 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 Idaho, the following sanctions may only be ordered by the court:
Fines: Range from $1,000, for a 1st offense, up to $5,000 for a felony offense, with no mandatory minimums.
Incarceration - Mandatory minimums: 2nd offense within 5 years or a 1st offense with enhanced BAC (.20 or greater) - 10 days, 3rd offense or 2nd offense with enhanced BAC in 5 years - 30 days with first, 4th or subsequent offense within 10 years - 30 days. In all cases, the first 48 hours must be served consecutively.
Intensive Supervision Probation: An offender program is currently available through the Department of Corrections. Usually used concurrently with treatment.
Community Service: At judge�s discretion.
Home Confinement with Electronic Monitoring: At judge�s discretion.
Victim Impact Panel: At judge�s discretion.
Action Against Offender�s Vehicle - Vehicle Immobilization, Vehicle Impoundment, Vehicle Forfeiture, Registration Cancellation/Plate Seizure: None.
Intensive Supervision Probation: None
Other Special Assessments/Surcharges: None.
The following sanctions may be ordered by the court or by the licensing authority:
Licensing Action:
� Suspension/Revocation: Idaho has both pre-conviction administrative and post-conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: Varies and may be paid to the Motor Vehicle Division at any time during or after the suspension period.
� Conditional Licensing: Hardship license may be available after a mandatory minimum suspension period.
� Alcohol Ignition Interlock: Available at the discretion of the court.
� Autotimer, Fuel Lock, Special Plate Markings: None
Rehabilitation:
� Assessment/Screening: Average $70.
� Education/Treatment: May be required at the discretion of the court. Program structure and costs vary by county.
� Intensive Weekend Intervention: None.
