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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 Iowa to identify these offenders:
�Subsequent offender.�
Subsequent offenders are defined in statute by 2nd, 3rd or subsequent offense within 12 years.
OWI (Operating while intoxicated) 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 Iowa 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 Iowa within the limits of the law.
The approximate number of licensed drivers is 1.9 million.
The average BAC level of offenders arrested is: Information Not Available.
Statistics kept on repeat offenders are based on licensing actions. According to the most recent information available, in 1996 there were 8,899 suspensions or revocations for 2nd and subsequent OWIs.
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 Iowa:
Identification of repeat offenders may occur at arrest or at pre-trial.
Offenders with a high BAC at the time of arrest are treated as follows:
� 1st offenders with a BAC of .15 (as well as repeat offenders) must have a substance evaluation prior to sentencing and are not allowed deferred judgments or probation.
Following conviction, but before sentencing, offenders, as shown, receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem:
� All offenders: By law, 1st offenders with a BAC of .15 and 2nd or subsequent offenders must have an evaluation; also, an evaluation is required of any offender regardless of the outcome of criminal charges for license reinstatement after suspension.
The assessment is usually conducted post-trial but pre-sentencing, and the individual returns to court for final sentencing based on the assessment.
Assessments are conducted by a public or private agency licensed by the state. The cost ranges from $50 to $100 and is usually borne by the offender.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In Iowa results of the assessment may be provided to the offender�s attorney, the judge/administrator presiding over the case, the treatment agency or the prosecutor upon request. Also, assessment recommendations for education and treatment are provided to the licensing authority and become requirements for license reinstatement for that offender. Further, the offender may be referred to treatment as indicated by the assessment by order of the court, as well.
In Iowa treatment is mandated for repeat offenders under the following circumstances: Offenders are required to attend education and treatment as recommended by the assessment.
In Iowa offenders failing to comply with the terms of their program are not eligible for license reinstatement, can be held in contempt of court, can be denied parole or work release, or can have parole revoked.
In Iowa the following treatment facility or program specifically targets the hardcore drunk driver: Special DWI treatment programs in state prisons.
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 Iowa to detect and apprehend drunk drivers:
Vehicle 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 Iowa there is no Anti-Plea Bargaining Statute for OWI.
In Iowa the period of time in which a judge or administrator can review an offender�s record (the �look-back� period) is 12 years for determining the level of offense, and lifetime for purposes of determining a sentence.
In Iowa 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 Iowa there are graduated penalties for OWI based on number of offenses.
In Iowa first offenders with a BAC below .15 are eligible for deferred judgment which requires the offender attend alcohol education. Licensing action is not affected by participation and the offender must meet the same requirements for reinstatement, however no criminal record or sanctions apply.
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 Iowa, the following sanctions may only be ordered by the court:
Fines: $1000 to $7,500 with mandatory minimums as follows: 1st offense -$1000; 2nd offense - $1500; 3rd and subsequent - $2500.
Incarceration: Mandatory minimums; 1st offense 48 hours; 2nd offense 7 consecutive days, 3rd or subsequent 30 consecutive days. For 2nd and subsequent offenders, if, due to insufficient jail space, it is not possible to serve the mandatory minimums on consecutive days, an offender can serve the total period in increments of 48 hours and perform community service as shown below.
Community Service: 1) 2nd and subsequent offenders, for intermittent incarceration as described above, the offender must perform community service equal to the amount of any fine imposed. Hours are calculated based on federal minimum wage. 2) In lieu of fine: offender may perform up to 200 hours of community service toward the amount of a fine.
Intensive Supervision Probation: Due to recent (1997) changes in the law, probation is no longer allowed in Iowa for OWI offenders.
Action Against Offender�s Vehicle: Subsequent offenders - registration cancellation/plate seizure, immobilization or impoundment for the entire period of license revocation. Upon conviction, vehicle is forfeited.
Home Confinement with Electronic Monitoring, Victim Impact Panel: None.
Other Special Assessments/Surcharges: $200 Civil Penalty; 30% surcharge of fine actually imposed; victim restitution; restitution of up to $500 for emergency services.
The following sanctions may be ordered by the court or by the licensing authority:
Licensing action:
� Suspension/Revocation: Iowa has both pre-conviction administrative and post-conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: $200.
� Conditional Licensing: Following the mandatory minimum period of suspension an offender may be eligible for a temporary restricted license under certain circumstances.
� Alcohol Ignition Interlock: Required for a restricted license - cost to offender: $63 per month + installation.
� Autotimer, Fuel Lock, Special Plate Markings: None
Rehabilitation:
� Education: 12 hours of classroom instruction: $60. Also, in certain parts of the state an Intensive Weekend Intervention type of program is used which satisfies the 48 hour incarceration requirement: $285.
� Treatment: According to assessment determination more serious offenders may also be required to complete out-patient or in-patient treatment programs. In-patient and residential programs are credited against incarceration sentence. Cost varies and offender must pay.
� Intensive Weekend Intervention: Used in conjunction with education to satisfy the 48 hour incarceration requirement.
Listed below are the terms most closely matching the definition above which could be used in Iowa to identify these offenders:
�Subsequent offender.�
Subsequent offenders are defined in statute by 2nd, 3rd or subsequent offense within 12 years.
OWI (Operating while intoxicated) 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 Iowa 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 Iowa within the limits of the law.
The approximate number of licensed drivers is 1.9 million.
The average BAC level of offenders arrested is: Information Not Available.
Statistics kept on repeat offenders are based on licensing actions. According to the most recent information available, in 1996 there were 8,899 suspensions or revocations for 2nd and subsequent OWIs.
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 Iowa:
Identification of repeat offenders may occur at arrest or at pre-trial.
Offenders with a high BAC at the time of arrest are treated as follows:
� 1st offenders with a BAC of .15 (as well as repeat offenders) must have a substance evaluation prior to sentencing and are not allowed deferred judgments or probation.
Following conviction, but before sentencing, offenders, as shown, receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem:
� All offenders: By law, 1st offenders with a BAC of .15 and 2nd or subsequent offenders must have an evaluation; also, an evaluation is required of any offender regardless of the outcome of criminal charges for license reinstatement after suspension.
The assessment is usually conducted post-trial but pre-sentencing, and the individual returns to court for final sentencing based on the assessment.
Assessments are conducted by a public or private agency licensed by the state. The cost ranges from $50 to $100 and is usually borne by the offender.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In Iowa results of the assessment may be provided to the offender�s attorney, the judge/administrator presiding over the case, the treatment agency or the prosecutor upon request. Also, assessment recommendations for education and treatment are provided to the licensing authority and become requirements for license reinstatement for that offender. Further, the offender may be referred to treatment as indicated by the assessment by order of the court, as well.
In Iowa treatment is mandated for repeat offenders under the following circumstances: Offenders are required to attend education and treatment as recommended by the assessment.
In Iowa offenders failing to comply with the terms of their program are not eligible for license reinstatement, can be held in contempt of court, can be denied parole or work release, or can have parole revoked.
In Iowa the following treatment facility or program specifically targets the hardcore drunk driver: Special DWI treatment programs in state prisons.
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 Iowa to detect and apprehend drunk drivers:
Vehicle 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 Iowa there is no Anti-Plea Bargaining Statute for OWI.
In Iowa the period of time in which a judge or administrator can review an offender�s record (the �look-back� period) is 12 years for determining the level of offense, and lifetime for purposes of determining a sentence.
In Iowa 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 Iowa there are graduated penalties for OWI based on number of offenses.
In Iowa first offenders with a BAC below .15 are eligible for deferred judgment which requires the offender attend alcohol education. Licensing action is not affected by participation and the offender must meet the same requirements for reinstatement, however no criminal record or sanctions apply.
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 Iowa, the following sanctions may only be ordered by the court:
Fines: $1000 to $7,500 with mandatory minimums as follows: 1st offense -$1000; 2nd offense - $1500; 3rd and subsequent - $2500.
Incarceration: Mandatory minimums; 1st offense 48 hours; 2nd offense 7 consecutive days, 3rd or subsequent 30 consecutive days. For 2nd and subsequent offenders, if, due to insufficient jail space, it is not possible to serve the mandatory minimums on consecutive days, an offender can serve the total period in increments of 48 hours and perform community service as shown below.
Community Service: 1) 2nd and subsequent offenders, for intermittent incarceration as described above, the offender must perform community service equal to the amount of any fine imposed. Hours are calculated based on federal minimum wage. 2) In lieu of fine: offender may perform up to 200 hours of community service toward the amount of a fine.
Intensive Supervision Probation: Due to recent (1997) changes in the law, probation is no longer allowed in Iowa for OWI offenders.
Action Against Offender�s Vehicle: Subsequent offenders - registration cancellation/plate seizure, immobilization or impoundment for the entire period of license revocation. Upon conviction, vehicle is forfeited.
Home Confinement with Electronic Monitoring, Victim Impact Panel: None.
Other Special Assessments/Surcharges: $200 Civil Penalty; 30% surcharge of fine actually imposed; victim restitution; restitution of up to $500 for emergency services.
The following sanctions may be ordered by the court or by the licensing authority:
Licensing action:
� Suspension/Revocation: Iowa has both pre-conviction administrative and post-conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: $200.
� Conditional Licensing: Following the mandatory minimum period of suspension an offender may be eligible for a temporary restricted license under certain circumstances.
� Alcohol Ignition Interlock: Required for a restricted license - cost to offender: $63 per month + installation.
� Autotimer, Fuel Lock, Special Plate Markings: None
Rehabilitation:
� Education: 12 hours of classroom instruction: $60. Also, in certain parts of the state an Intensive Weekend Intervention type of program is used which satisfies the 48 hour incarceration requirement: $285.
� Treatment: According to assessment determination more serious offenders may also be required to complete out-patient or in-patient treatment programs. In-patient and residential programs are credited against incarceration sentence. Cost varies and offender must pay.
� Intensive Weekend Intervention: Used in conjunction with education to satisfy the 48 hour incarceration requirement.
