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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 Louisiana to identify these offenders:
Repeat offenders are defined in statute by 2nd , 3rd, and 4th offense within 10 years.
DUI becomes a felony on the 3rd and 4th offenses.
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 Louisiana 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 Louisiana within the limits of the law.
The approximate number of licensed drivers is 3.6 million.
The average BAC level of offenders arrested in 1996 is .16.
Statistics kept on repeat offenders are based on: 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 Louisiana identification of repeat offenders in Louisiana occurs most frequently pre-trial.
In Louisiana offenders with a high BAC at the time of arrest are treated as follows:
� All offenders are treated the same regardless of BAC.
In Louisiana following conviction, offenders, as shown, receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem:
� Any offender, if an incarceration sentence is not imposed.
In Louisiana the assessment is conducted post-sentencing and the individual may return to court for final sentencing based on the assessment.
In Louisiana assessments are conducted by a court-employed assessment specialist. The cost varies and is usually borne by the offender.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In Louisiana results of the assessment are provided to the offender�s attorney, the judge/administrator presiding over the case, the treatment agency, and the prosecutor. The offender is referred to treatment on the basis of the assessment by order of the court.
In Louisiana treatment is mandated for repeat offenders under the following circumstances: At the discretion of the court, based on medical evaluation and recommendations that the offender will benefit from such treatment.
In Louisiana offenders failing to comply with the terms of their program may be returned to the court for further action and risk having incarceration sentence re-imposed.
In Louisiana 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 Louisiana to detect and apprehend drunk drivers:
Targeted Overtime Patrols, Holiday 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 Louisiana there is no Anti-Plea Bargaining Statute for DUI.
In Louisiana the period of time in which a judge can review an offender�s record (the �look-back� period) is 10 years. For licensing actions the administrative �look-back� period is 5 years.
In Louisiana at the time of sentencing, an individual�s conviction records are available for consideration by the court. This information includes his or her entire criminal record, except juvenile records.
In Louisiana 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 Louisiana, the following sanctions may only be ordered by the court:
Fines: $125 to $2,000 with graduated fines.
Incarceration - Mandatory minimums: 2nd offense - 2 days, 3rd offense - 6 months, 4th offense - 1 year. For 1st and 2nd offenses, some or all of the mandatory minimums can be abated by participation in substance abuse and driver improvement programs, combined with community service.
Community Service: 2nd offense - 30 days/8-hour day minimum with half of the time spent in litter abatement (may serve in lieu of imprisonment).
Home Confinement with Electronic Monitoring: Allowed by statute, 2nd and subsequent offenders must serve 48 consecutive hours in prison prior to eligibility. It is used in Baton Rouge.
Intensive Supervision Probation: At the discretion of the court.
Victim Impact Panel: At the discretion of the court.
Action Against Offender�s Vehicle: Vehicle Impoundment/Vehicle Forfeiture 3rd and 4th offense: New legislation enacted to allow at the discretion of the court. There is a dedicated fund from the sale of forfeited vehicles for the purpose of creating new DWI programs administered by the Dept. of Insurance.
� Registration Cancellation/Plate Seizure, Vehicle Immobilization: None.
Other Special Assessments/Surcharges: Victim�s Restitution Fund, Chemical Test fee of $75 and additional $50 fee to defray cost of probation or incarceration.
The following sanctions may be ordered by the court or by the licensing authority:
Licensing Action:
� Suspension/Revocation: Louisiana has both pre-conviction administrative and post-conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: $50.
� Hardship License: Issued on 1st offense at court discretion; 2nd offense and greater issued at court discretion with ignition interlock. Restricted licenses can be issued at the discretion of the court to facilitate attendance in driver improvement school.
� Alcohol Ignition Interlock: Cost $75 installation and $50 per month - as a condition of probation.
� Autotimer, Fuel Lock, Special Plate Markings: None
Rehabilitation:
� Education/Treatment: According to assessment determination the court may order a repeat offender to submit to substance abuse treatment in lieu of imprisonment. Cost: Information Not Available.
Listed below are the terms most closely matching the definition above which could be used in Louisiana to identify these offenders:
Repeat offenders are defined in statute by 2nd , 3rd, and 4th offense within 10 years.
DUI becomes a felony on the 3rd and 4th offenses.
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 Louisiana 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 Louisiana within the limits of the law.
The approximate number of licensed drivers is 3.6 million.
The average BAC level of offenders arrested in 1996 is .16.
Statistics kept on repeat offenders are based on: 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 Louisiana identification of repeat offenders in Louisiana occurs most frequently pre-trial.
In Louisiana offenders with a high BAC at the time of arrest are treated as follows:
� All offenders are treated the same regardless of BAC.
In Louisiana following conviction, offenders, as shown, receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem:
� Any offender, if an incarceration sentence is not imposed.
In Louisiana the assessment is conducted post-sentencing and the individual may return to court for final sentencing based on the assessment.
In Louisiana assessments are conducted by a court-employed assessment specialist. The cost varies and is usually borne by the offender.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In Louisiana results of the assessment are provided to the offender�s attorney, the judge/administrator presiding over the case, the treatment agency, and the prosecutor. The offender is referred to treatment on the basis of the assessment by order of the court.
In Louisiana treatment is mandated for repeat offenders under the following circumstances: At the discretion of the court, based on medical evaluation and recommendations that the offender will benefit from such treatment.
In Louisiana offenders failing to comply with the terms of their program may be returned to the court for further action and risk having incarceration sentence re-imposed.
In Louisiana 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 Louisiana to detect and apprehend drunk drivers:
Targeted Overtime Patrols, Holiday 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 Louisiana there is no Anti-Plea Bargaining Statute for DUI.
In Louisiana the period of time in which a judge can review an offender�s record (the �look-back� period) is 10 years. For licensing actions the administrative �look-back� period is 5 years.
In Louisiana at the time of sentencing, an individual�s conviction records are available for consideration by the court. This information includes his or her entire criminal record, except juvenile records.
In Louisiana 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 Louisiana, the following sanctions may only be ordered by the court:
Fines: $125 to $2,000 with graduated fines.
Incarceration - Mandatory minimums: 2nd offense - 2 days, 3rd offense - 6 months, 4th offense - 1 year. For 1st and 2nd offenses, some or all of the mandatory minimums can be abated by participation in substance abuse and driver improvement programs, combined with community service.
Community Service: 2nd offense - 30 days/8-hour day minimum with half of the time spent in litter abatement (may serve in lieu of imprisonment).
Home Confinement with Electronic Monitoring: Allowed by statute, 2nd and subsequent offenders must serve 48 consecutive hours in prison prior to eligibility. It is used in Baton Rouge.
Intensive Supervision Probation: At the discretion of the court.
Victim Impact Panel: At the discretion of the court.
Action Against Offender�s Vehicle: Vehicle Impoundment/Vehicle Forfeiture 3rd and 4th offense: New legislation enacted to allow at the discretion of the court. There is a dedicated fund from the sale of forfeited vehicles for the purpose of creating new DWI programs administered by the Dept. of Insurance.
� Registration Cancellation/Plate Seizure, Vehicle Immobilization: None.
Other Special Assessments/Surcharges: Victim�s Restitution Fund, Chemical Test fee of $75 and additional $50 fee to defray cost of probation or incarceration.
The following sanctions may be ordered by the court or by the licensing authority:
Licensing Action:
� Suspension/Revocation: Louisiana has both pre-conviction administrative and post-conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: $50.
� Hardship License: Issued on 1st offense at court discretion; 2nd offense and greater issued at court discretion with ignition interlock. Restricted licenses can be issued at the discretion of the court to facilitate attendance in driver improvement school.
� Alcohol Ignition Interlock: Cost $75 installation and $50 per month - as a condition of probation.
� Autotimer, Fuel Lock, Special Plate Markings: None
Rehabilitation:
� Education/Treatment: According to assessment determination the court may order a repeat offender to submit to substance abuse treatment in lieu of imprisonment. Cost: Information Not Available.
