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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 Kansas to identify these offenders:
�Repeat offender.�
Repeat offenders are defined in statute by 2nd, 3rd 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 Kansas 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 Kansas within the limits of the law.
The approximate number of licensed drivers is 1.8 million.
The average BAC level of offenders arrested is: Information Not Available. In 1995, there were 1,797 offenders with a BAC of .15 or greater at the time of arrest.
Statistics kept on repeat offenders are based on: Information Not Available. However, in 1996 there were 2,045 convicted offenders not eligible for diversion (i.e., 2nd or subsequent or 1st offenders with a BAC of .20 or greater).
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 Kansas:
Identification of repeat offenders occurs most frequently pre-trial.
Offenders with a high BAC at the time of arrest are treated as follows:
� 1st offenders above .20 are not eligible for diversion; 2nd and subsequent offenders above .15 must drive only with an Alcohol Ignition Interlock Device.
Following conviction, offenders, as shown, receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem:
� All offenders.
The assessment is conducted pre-trial, and taken into consideration by the judge at sentencing.
Assessments are conducted by a private agency certified by the court. The cost is $125 and is usually borne by the offender.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In Kansas results of the assessment are provided to the judge/administrator presiding over the case. The offender is referred to education or treatment on the basis of the assessment by order of the court.
In Kansas treatment is mandated for repeat offenders under the following circumstances: As a condition of probation or parole offenders must be required by the court to attend education or treatment recommended by the assessment. Most repeat offenders will be sentenced to at least 48 hours (mandatory) imprisonment, followed by treatment during probation.
In Kansas offenders failing to comply with the terms of their program risk revocation of probation and may be returned to the court for further action.
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 Kansas to detect and apprehend drunk drivers:
Sobriety Checkpoints, Media Blitzes with Enforcement Campaigns, Standardized Field Sobriety Testing, Mobile Video-taping, Dedicated DUI Enforcement Units.
� Drivers who are stopped at Sobriety Checkpoints are given an informational brochure regarding check points and their purpose; they are also invited to respond with comments on an attached post-paid card. (See �Promising Approaches� section below.)
PROSECUTION AND SENTENCING PRACTICES
A number of factors influence the sentence a drunk driver receives.
In Kansas there is an Anti-Plea Bargaining Statute for DUI.
In Kansas 1st offenders with a BAC below .20 are eligible for pre-trial diversion which will require alcohol education and driving only with an Ignition Interlock Device. Upon successful completion, criminal charges are dismissed.
In Kansas the period of time in which a judge or administrator can review an offender�s record (the �look-back� period) is 5 years.
In Kansas, at the time of sentencing, an individual�s arrest and conviction records are available for consideration by the court. This information includes his and her entire criminal record.
In Kansas 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 Kansas, the following sanctions may only be ordered by the court:
Fines: $200 to $2,500 with mandatory minimums for repeat offenders of $500.
Incarceration - Mandatory minimums: 1st offense - 48 consecutive hours; 2nd offense - 5 consecutive days; 3rd offense and subsequent - 90 days. For 2nd and subsequent offenses, the offender is allowed work release while in jail following the first 48 consecutive hours.
Community Service: 1st offense - 100 hours in lieu of imprisonment; 2nd and subsequent - may serve in lieu of fine at the rate of $5 for each hour worked.
Home Confinement with Electronic Monitoring: Allowed by statute, however, 2nd and subsequent offenders must serve a minimum of 48 consecutive hours of imprisonment. Cost to offender: $6 to $8 per day.
Intensive Supervision Probation (ISP): Community Corrections administers an intensive supervision probation program at the county level for serious repeat offenders. Probation period typically lasts 2 to 5 years at a cost to the state of $7.65 per day per offender; offenders in this program would otherwise face incarceration in a state penitentiary at significantly higher expense. Testing, electronic monitoring and community service are all part of the program which calls for treatment sessions 3 times per week for 30 days followed by a Risk Assessment. Based on the assessment high risk offenders will continue in treatment 2 times per week, moderate risk once every two weeks, and low risk once a month.
Action Against Offender�s Vehicle: Registration Cancellation/Plate Seizure on 4th or subsequent for up to 1 year.
� Vehicle Immobilization, Vehicle Impoundment, Vehicle Forfeiture: None.
Victim Impact Panel: None.
Other Special Assessments/Surcharges: $110 special �assessment� to a fund for community-based alcohol and drug safety action programs. Victim restitution.
The following sanctions may be ordered by the court or by the licensing authority:
Licensing Action:
� Suspension/Revocation: Kansas has both pre-conviction administrative and post-conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: $25.
� Conditional Licensing: For 1st offenders, following a 30-day �hard� suspension, a restricted license may be granted for educational, employment or medical purposes.
� Alcohol Ignition Interlock: Mandatory for 2nd and subsequent offenders with a BAC of .15 or greater; may be required for 1st offenders as part of a diversion program or in lieu of restricted license described above.
� Autotimer, Fuel Lock, Special Plate Markings: None.
Rehabilitation:
� Education: Traffic school for 1st offenders, 8 hours classroom instruction $85.
� Treatment: As a Community Corrections state, Kansas allows each judicial district to certify treatment programs according to the needs of the locality. Therefore, programs are not standardized throughout the state, but are better able to serve a population which varies from very sparse over great distances to very dense in urban areas. Cost for treatment varies and offender must pay.
� Intensive Weekend Intervention: None.
Listed below are the terms most closely matching the definition above which could be used in Kansas to identify these offenders:
�Repeat offender.�
Repeat offenders are defined in statute by 2nd, 3rd 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 Kansas 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 Kansas within the limits of the law.
The approximate number of licensed drivers is 1.8 million.
The average BAC level of offenders arrested is: Information Not Available. In 1995, there were 1,797 offenders with a BAC of .15 or greater at the time of arrest.
Statistics kept on repeat offenders are based on: Information Not Available. However, in 1996 there were 2,045 convicted offenders not eligible for diversion (i.e., 2nd or subsequent or 1st offenders with a BAC of .20 or greater).
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 Kansas:
Identification of repeat offenders occurs most frequently pre-trial.
Offenders with a high BAC at the time of arrest are treated as follows:
� 1st offenders above .20 are not eligible for diversion; 2nd and subsequent offenders above .15 must drive only with an Alcohol Ignition Interlock Device.
Following conviction, offenders, as shown, receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem:
� All offenders.
The assessment is conducted pre-trial, and taken into consideration by the judge at sentencing.
Assessments are conducted by a private agency certified by the court. The cost is $125 and is usually borne by the offender.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In Kansas results of the assessment are provided to the judge/administrator presiding over the case. The offender is referred to education or treatment on the basis of the assessment by order of the court.
In Kansas treatment is mandated for repeat offenders under the following circumstances: As a condition of probation or parole offenders must be required by the court to attend education or treatment recommended by the assessment. Most repeat offenders will be sentenced to at least 48 hours (mandatory) imprisonment, followed by treatment during probation.
In Kansas offenders failing to comply with the terms of their program risk revocation of probation and may be returned to the court for further action.
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 Kansas to detect and apprehend drunk drivers:
Sobriety Checkpoints, Media Blitzes with Enforcement Campaigns, Standardized Field Sobriety Testing, Mobile Video-taping, Dedicated DUI Enforcement Units.
� Drivers who are stopped at Sobriety Checkpoints are given an informational brochure regarding check points and their purpose; they are also invited to respond with comments on an attached post-paid card. (See �Promising Approaches� section below.)
PROSECUTION AND SENTENCING PRACTICES
A number of factors influence the sentence a drunk driver receives.
In Kansas there is an Anti-Plea Bargaining Statute for DUI.
In Kansas 1st offenders with a BAC below .20 are eligible for pre-trial diversion which will require alcohol education and driving only with an Ignition Interlock Device. Upon successful completion, criminal charges are dismissed.
In Kansas the period of time in which a judge or administrator can review an offender�s record (the �look-back� period) is 5 years.
In Kansas, at the time of sentencing, an individual�s arrest and conviction records are available for consideration by the court. This information includes his and her entire criminal record.
In Kansas 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 Kansas, the following sanctions may only be ordered by the court:
Fines: $200 to $2,500 with mandatory minimums for repeat offenders of $500.
Incarceration - Mandatory minimums: 1st offense - 48 consecutive hours; 2nd offense - 5 consecutive days; 3rd offense and subsequent - 90 days. For 2nd and subsequent offenses, the offender is allowed work release while in jail following the first 48 consecutive hours.
Community Service: 1st offense - 100 hours in lieu of imprisonment; 2nd and subsequent - may serve in lieu of fine at the rate of $5 for each hour worked.
Home Confinement with Electronic Monitoring: Allowed by statute, however, 2nd and subsequent offenders must serve a minimum of 48 consecutive hours of imprisonment. Cost to offender: $6 to $8 per day.
Intensive Supervision Probation (ISP): Community Corrections administers an intensive supervision probation program at the county level for serious repeat offenders. Probation period typically lasts 2 to 5 years at a cost to the state of $7.65 per day per offender; offenders in this program would otherwise face incarceration in a state penitentiary at significantly higher expense. Testing, electronic monitoring and community service are all part of the program which calls for treatment sessions 3 times per week for 30 days followed by a Risk Assessment. Based on the assessment high risk offenders will continue in treatment 2 times per week, moderate risk once every two weeks, and low risk once a month.
Action Against Offender�s Vehicle: Registration Cancellation/Plate Seizure on 4th or subsequent for up to 1 year.
� Vehicle Immobilization, Vehicle Impoundment, Vehicle Forfeiture: None.
Victim Impact Panel: None.
Other Special Assessments/Surcharges: $110 special �assessment� to a fund for community-based alcohol and drug safety action programs. Victim restitution.
The following sanctions may be ordered by the court or by the licensing authority:
Licensing Action:
� Suspension/Revocation: Kansas has both pre-conviction administrative and post-conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: $25.
� Conditional Licensing: For 1st offenders, following a 30-day �hard� suspension, a restricted license may be granted for educational, employment or medical purposes.
� Alcohol Ignition Interlock: Mandatory for 2nd and subsequent offenders with a BAC of .15 or greater; may be required for 1st offenders as part of a diversion program or in lieu of restricted license described above.
� Autotimer, Fuel Lock, Special Plate Markings: None.
Rehabilitation:
� Education: Traffic school for 1st offenders, 8 hours classroom instruction $85.
� Treatment: As a Community Corrections state, Kansas allows each judicial district to certify treatment programs according to the needs of the locality. Therefore, programs are not standardized throughout the state, but are better able to serve a population which varies from very sparse over great distances to very dense in urban areas. Cost for treatment varies and offender must pay.
� Intensive Weekend Intervention: None.
