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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 Illinois 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.
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 Illinois records:
New licensees for commercial driver�s licenses (CDL) only are reviewed for outstanding suspensions/revocations in other states before a license is granted, and DUI convictions from other states are not considered prior offenses in Illinois within the limits of the law.
The approximate number of licensed drivers is 7.6 million.
The average BAC level of offenders arrested is approximately .18.
Statistics kept on repeat offenders are based on arrests and convictions. According to the most recent information available, in 1995 there were 8,681 arrests and 5,919 convictions for 2nd and subsequent DUIs. In 1995, 18,736 offenders had a BAC level at or above .15 at the 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 Illinois identification of repeat offenders occurs most frequently at sentencing or through DMV at time of license suspension or revocation.
In Illinois 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.
In Illinois the assessment is conducted post-trial, but pre-sentencing and the individual returns to court for final sentencing based on the assessment.
In Illinois assessments are conducted by a private agency at the direction of the court. The cost ranges from $100 - $200 and is usually borne by the offender or the state according to HHS guidelines if the offender is indigent.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In Illinois results of the assessment are provided to the judge/administrator presiding over the case, and to the treatment agency. The offender is referred to treatment on the basis of the assessment by order of the court.
In Illinois treatment is mandated for repeat offenders under the following circumstances: Information Not Available.
In Illinois 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.
The following treatment facility or program specifically targets the hardcore drunk driver: Haymarket House in Chicago.
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 Illinois to detect and apprehend drunk drivers:
Sobriety Checkpoints, Blanket Patrols (�Saturation Patrols�), Media Blitzes with Enforcement Campaigns, Standardized Field Sobriety Testing, Mobile Video-taping, Breath Alcohol Testing (BAT) mobiles, Limited Vehicle Impoundment.
PROSECUTION AND SENTENCING PRACTICES
A number of factors influence the sentence a drunk driver receives.
In Illinois there is no Anti-Plea Bargaining Statute for DUI.
In Illinois the period of time in which a judge or administrator can review an offender�s record (the �look-back� period) is lifetime.
In Illinois 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 Illinois 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 Illinois, the following sanctions may only be ordered by the court:
Fines: $0 to $10,000 with no mandatory minimums.
Incarceration - Mandatory minimums: 2nd offense - 48 consecutive hours, 3rd offense or subsequent - 48 consecutive hours (if probation or conditional discharge is granted).
Community Service: 2nd offense - 100 hours minimum (may serve in lieu of imprisonment), 3rd and subsequent offense - 30 days mandatory minimum.
Intensive Supervision Probation: At the discretion of the court.
Victim Impact Panel: At the discretion of the court.
Action Against Offender�s Vehicle: Registration Cancellation/Plate Seizure, Vehicle Impoundment.
� Vehicle Immobilization, Vehicle Forfeiture: None.
Home Confinement with Electronic Monitoring: None.
Other Special Assessments/Surcharges: Victim�s Restitution Fund, $100 court costs fee, $4 for every $40 assessed as a surcharge, Special Restitution to Secretary of State, EMS costs not exceeding $500, $25 Trauma Center Fund, $150 Crime laboratory costs, and $25 Administrative costs.
The following sanctions may be ordered by the court or by the licensing authority:
Licensing Action:
� Suspension/Revocation: Illinois has both pre-conviction administrative and post-conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: $60.
� Conditional Licensing: None
� Alcohol Ignition Interlock: Pilot program for 2nd and subsequent offenders.
� Autotimer, Fuel Lock, Special Plate Markings: None.
Rehabilitation:
� Education: $30 of the $60 license reinstatement fee is deposited into the Drunk and Drugged Driver Prevention Fund.
� Treatment: According to assessment determination. Cost varies and offender must pay.
� Intensive Weekend Intervention: At the discretion of the court.
Listed below are the terms most closely matching the definition above which could be used in Illinois 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.
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 Illinois records:
New licensees for commercial driver�s licenses (CDL) only are reviewed for outstanding suspensions/revocations in other states before a license is granted, and DUI convictions from other states are not considered prior offenses in Illinois within the limits of the law.
The approximate number of licensed drivers is 7.6 million.
The average BAC level of offenders arrested is approximately .18.
Statistics kept on repeat offenders are based on arrests and convictions. According to the most recent information available, in 1995 there were 8,681 arrests and 5,919 convictions for 2nd and subsequent DUIs. In 1995, 18,736 offenders had a BAC level at or above .15 at the 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 Illinois identification of repeat offenders occurs most frequently at sentencing or through DMV at time of license suspension or revocation.
In Illinois 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.
In Illinois the assessment is conducted post-trial, but pre-sentencing and the individual returns to court for final sentencing based on the assessment.
In Illinois assessments are conducted by a private agency at the direction of the court. The cost ranges from $100 - $200 and is usually borne by the offender or the state according to HHS guidelines if the offender is indigent.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In Illinois results of the assessment are provided to the judge/administrator presiding over the case, and to the treatment agency. The offender is referred to treatment on the basis of the assessment by order of the court.
In Illinois treatment is mandated for repeat offenders under the following circumstances: Information Not Available.
In Illinois 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.
The following treatment facility or program specifically targets the hardcore drunk driver: Haymarket House in Chicago.
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 Illinois to detect and apprehend drunk drivers:
Sobriety Checkpoints, Blanket Patrols (�Saturation Patrols�), Media Blitzes with Enforcement Campaigns, Standardized Field Sobriety Testing, Mobile Video-taping, Breath Alcohol Testing (BAT) mobiles, Limited Vehicle Impoundment.
PROSECUTION AND SENTENCING PRACTICES
A number of factors influence the sentence a drunk driver receives.
In Illinois there is no Anti-Plea Bargaining Statute for DUI.
In Illinois the period of time in which a judge or administrator can review an offender�s record (the �look-back� period) is lifetime.
In Illinois 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 Illinois 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 Illinois, the following sanctions may only be ordered by the court:
Fines: $0 to $10,000 with no mandatory minimums.
Incarceration - Mandatory minimums: 2nd offense - 48 consecutive hours, 3rd offense or subsequent - 48 consecutive hours (if probation or conditional discharge is granted).
Community Service: 2nd offense - 100 hours minimum (may serve in lieu of imprisonment), 3rd and subsequent offense - 30 days mandatory minimum.
Intensive Supervision Probation: At the discretion of the court.
Victim Impact Panel: At the discretion of the court.
Action Against Offender�s Vehicle: Registration Cancellation/Plate Seizure, Vehicle Impoundment.
� Vehicle Immobilization, Vehicle Forfeiture: None.
Home Confinement with Electronic Monitoring: None.
Other Special Assessments/Surcharges: Victim�s Restitution Fund, $100 court costs fee, $4 for every $40 assessed as a surcharge, Special Restitution to Secretary of State, EMS costs not exceeding $500, $25 Trauma Center Fund, $150 Crime laboratory costs, and $25 Administrative costs.
The following sanctions may be ordered by the court or by the licensing authority:
Licensing Action:
� Suspension/Revocation: Illinois has both pre-conviction administrative and post-conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: $60.
� Conditional Licensing: None
� Alcohol Ignition Interlock: Pilot program for 2nd and subsequent offenders.
� Autotimer, Fuel Lock, Special Plate Markings: None.
Rehabilitation:
� Education: $30 of the $60 license reinstatement fee is deposited into the Drunk and Drugged Driver Prevention Fund.
� Treatment: According to assessment determination. Cost varies and offender must pay.
� Intensive Weekend Intervention: At the discretion of the court.
